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Medical Malpractice

Importance of Filing a Timely Medical Malpractice Claim

May 02, 2014

Medical errors are far more common that one might think and they can have lasting financial, medical, and occupational implications. Unfortunately, many patients are not sure whether they have been the victim of medical negligence or not. If you have doubts about your medical care or suspect that you or a family member may have been the victim of medical malpractice, it is important to act quickly, however, in order to learn more about possible causes of action, collect and preserve evidence, and file a timely claim.

In order to sustain a medical malpractice lawsuit, the plaintiff must be able to prove the following:

  • The doctor or health care provider had a duty to provide appropriate medical care;
  • The doctor or health care provider deviated from the appropriate standard of care; and
  • The patient was injured as a direct result of the substandard medical care.

If the plaintiff is able to prove that the hospital, doctor, or health care provider was liable for medical malpractice, he or she can recover compensation for medical bills, lost wages, disability, pain and suffering, and emotional distress. While some states limit the amount of money that a plaintiff can collect for non-economic damages (such as emotional distress and pain and suffering), Illinois currently does not have a damage cap on non-economic damages.

It is incredibly important that you consult with a medical malpractice lawyer as soon as possible if you suspect that you were the victim of medical malpractice. Every legal claim has a statute of limitations, or time limit, during which the lawsuit can be filed – and a medical malpractice claim is no different. In most cases, the statute of limitations for medical malpractice claims in Illinois is two years from the date that the patient became aware of, or should have become aware of, the medical mistake. Regardless of when the injury is discovered, however, a medical malpractice claim may not be filed four year after the incidence of medical malpractice has occurred.

Contact a Medical Malpractice Lawyer

The medical malpractice lawyers at Cogan & Power, P.C. have significant experience representing the clients in and around Chicago who were the victims of medical malpractice. We will immediately launch a thorough investigation into possible medical malpractice claims and will ensure that any legal claims are filed in a timely manner.

We pride ourselves on providing each of our clients with personalized client service and attention, comprehensive legal advice, considerate legal representation, and skilled legal advocacy. Our team of Chicago medical malpractice attorneys collaborates throughout every case and includes former defense lawyers, former in-house counsel at a well-respected teaching hospital, and a former obstetrical nurse, all of whom have extensive experience handling medical malpractice cases.

If you suspect that you or a family member were the victim of medical malpractice, contact our office today at (312) 477-2500 to schedule a free consultation with one of our Chicago medical malpractice lawyers.

If you have been injured in a personal injury or medical malpractice accident, do not hesitate to contact the Chicago accident and injury law firm of Cogan & Power at (312) 477-2500 to schedule a free case consultation, so that we can help you begin the process of recovery as soon as possible. If you cannot come to our offices in downtown Chicago, we will come to you. And because we take cases on a contingency basis, you will not pay any fee unless we get you compensation.