As much as $3 billion is spent annually in malpractice payouts. Still, of the 200,000 patients who are estimated to die due to medical error each year in the United States, the families of only 15 percent end up filing medical malpractice claims. Of the total number of cases of medical malpractice that do end up in a courtroom, the majority – more than 80 percent – result in no settlement at all to the injured patient or surviving family members.
Despite the Hippocratic oath, “first do no harm,” which physicians swear to upon graduation from med school, harm can happen. But as most lawyers will tell you if you approach them with a claim, doctors tend to stick together, so getting another physician to testify again one who injured you can be challenging at best.
Still, that’s not to say that medical malpractice claims are impossible to take to court, or impossible to win with a good Chicago medical malpractice lawyer on your side.
WHAT TO DO AFTER SUFFERING MEDICAL MALPRACTICE
If you think you have a valid medical malpractice claim in Chicago after being injured by your doctor, it’s important to talk to an experienced medical malpractice attorney as soon as possible, especially given that your case must be filed within the two-year statute of limitations.
You should also do the following:
Get copies of your medical records. Your attorney will need to know who was involved in your case such as nurses or assistants in the operating room in order to line up witnesses. Your attorney should also be ordering your medical records and bills.
Get a second opinion. If you have been injured, it’s important to seek help from another doctor. Go with the intent of getting help, not an opinion on whether or not you have been the victim of malpractice.
Document all injuries. When you go to the doctor, make sure you let them know the pain and suffering you are experiencing following the medical negligence you received. If it is not documented it makes it tougher to use in the case.
A good Chicago medical malpractice lawyer works on contingency, which means that legal fees will be deferred until the case is settled. There will be costs that your attorney must pay for, but those expenses will not be passed unto you until you make a recovery. If you should happen to lose your case, you will not have to pay legal fees to many Chicago medical malpractice lawyers, including Schwaner Injury Law.
WHAT CLASSIFIES AS MEDICAL MALPRACTICE IN CHICAGO & ILLINOIS
Here’s what should be in place for the success of a Chicago Medical Malpractice Lawsuit & Claim:
The doctor and patient must have an established relationship.
The standard of care, “defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances,” trial attorney Jason Konvickatold Forbes magazine, “provided by the doctor must fall below the accepted standard, resulting in a what is considered a breach of care, or negligence on the part of the physician.”
The patient must have been harmed as the result of the breach of care and/or act of negligence on the part of the medical professional.
The injury must be directly connected to the negligence on the part of the medical professional.
Some common areas of malpractice in Chicago include surgical errors, obstetrics and gynecology (including pregnancy, labor and misdiagnosed birth injuries), the inappropriate use of medication, and wrongful death.
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Working with David was a pleasure. From the first time I spoke to him I felt at ease with him as he seemed more concerned with my well-being before all. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. David delivered more than expected for me in every way and I would recommend him to anyone. A real class act with your best interest at heart!
Frank T.May 31st, 3017
Best in Chicago; Dave is connected in the area to several doctors/practices and will assist in making sure everything goes as smooth and professional as possible. Great experience and will keep recommending to those in need of a personal injury lawyer!
Thumbtack CustomerJune 30th, 2017
I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. Not only is David knowledgeable and a gifted attorney, he’s a very sympathetic individual who takes the time to get to know you and your situation. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. Really top notch attorney, and law firm.
Konrad T.September 15th, 2017
I couldn’t have asked for a better injury lawyer. David Schwaner was wonderful to work with. He’s straightforward and gets the job done, all the while being most compassionate. I wish I could choose 6s. I’d recommend Schwaner Injury Law above all.
Betsy M.July 14th, 2017
David help our family out he took time out to explain everything and was so caring the car accident was do bad that David cried because my son was shot at 30 times and had a bad injury that needed surgery david work night and day because we did not have the best insurance company
Avvo ClientApril 13, 2017
If you want a lawyer with compassion, a conscience, and a strong base of knowledge and experience, David’s your guy. I found myself seriously injured while traveling alone. He treated me with respect, patience, and genuine honesty even when I couldn’t really advocate for myself or think straight due to medications (this is where his patience came in). While it turned out that there wasn’t much any attorney could have done for me, he certainly exhausted every option, and I have no doubt he would have fought well for me had a trial occurred. The only drawback to having hired Mr. Schwaner is that I can no longer tell all those awful lawyer jokes. He ruined them all for me. But that’s a price I’m happy to have paid.
Karen D.January 8th, 2018
I was recommended to Schwaner by another yelper. I Visited this office recently, located in the garner building. They are time efficient people here, things are organized and done when they give you their word to be. After my meeting I must say that the staff is very helpful and David is extremely supportive of his clients. He was ready to answer all questions and commit to necessary steps to help solve the situation immediately. He is one of the best out here!
Helen W.January 5th, 2018
I am truely grateful to David who dealt with the insurance companies on our behalf. We had our own injury to handle and luckily we were able to come in contact with David. He gave us assurance that he would take care of everything. He was very adamant on keeping us informed of the status of the case throughout the process. I hope that I never have to deal with a situation like this again in the future, but if I do I know I can trust David to relieve our worries and be there for us.
Sal W.August 31, 2017
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