Please select from the following questions:

• What is medical malpractice?
• Who can be sued for medical malpractice?
• How long does it take to finish a medical malpractice suit?
• If I filed a medical malpractice claim, would I have to go to court?
• How long would I have to file a medical malpractice claim?
• What has to be proved in a medical malpractice case?
• What would it cost me to file a medical malpractice claim?

1. What is medical malpractice?

It's the failure of a medical professional to act the way a prudent and reasonable medical professional would in a similar situation. Exactly what this means in any given situation depends on the experts in that field of medicine. If these acts or failures to act cause harm to a patient, that patient may be able to file a medical malpractice lawsuit to obtain compensation.

2. Who can be sued for medical malpractice?

Any medical professional, including doctors and surgeons, nurses, pharmacists, nurse assistants, physician's assistants, anesthesiologists, emergency care professionals, and others. Health care institutions such as hospitals, nursing homes, clinics, MRI centers, and other institutions may also be held liable for malpractice committed there.

3. How long does it take to finish a medical malpractice suit?

Each case is different in exactly what it involves. Generally, these are complex and time-consuming lawsuits, sometimes taking several years to complete. The right medical experts must be found, and they must study extensive medical records. Usually, many experts must be deposed. Often, it takes several years to resolve a medical malpractice suit.

4. If I filed a medical malpractice claim, would I have to go to court?

No, not necessarily. Sometimes a settlement is reached outside of court. However, medical malpractice claims are defended aggressively, and no case should be undertaken without a full awareness that the case may have to go trial in court eventually.

5. How long would I have to file a medical malpractice claim?

There are two statutes which determine that: a statute of limitations and a statute of repose. The statute of limitations begins to run when you either know or reasonably should have known that you suffered injuries which were wrongfully caused. The statute of repose is measured by the date on which the wrongful acts occurred, without reference to whether you knew about your injuries or whether they were wrongfully caused. The statute of limitations and statute of repose are especially tricky issues in medical malpractice cases, so you should be careful to act as quickly as possible.

6. What has to be proved in a medical malpractice case?

Generally there are four things which must be proved:

• That the medical professional owed a duty to you
• That this medical professional failed in that duty
• You were injured
• Your injury was a result of the medical professional's failure of duty

The duty that a health care professional owes you is established when a physician-patient relationship is established, and is measured by the standard of care. This is the degree of skill and care as would be had and exercised under similar circumstances by health care professionals in the same field.

7. What would it cost me to file a medical malpractice claim?

We work on a contingency basis. That means that if we do not obtain any compensation for you, you owe us nothing. If we recover a settlement or verdict for you, we are paid a percentage of the recovery. We also offer a free initial consultation, which enables us to begin assessing your situation and some of the facts and circumstances, so that we can start determining whether you have a valid case.

If you think you might have been a victim of medical malpractice, don't delay too long before you speak to an attorney. Call or email Chicago medical negligence lawyer Barry Doyle for your free legal consultation. No recovery, no fee.

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