Chicago Medical Malpractice Attorneys

What Constitutes a Medical Malpractice Claim?

Medical malpractice claims consist of 4 elements, all of which must be proven to obtain compensation from the defendant. That being said, the injured patient must show that the physician acted negligently in rendering care and that negligence resulted in injury. The 4 legal elements that must be proven are the following:

A professional duty was owed to the patient: To show that a breach of professional duty occurred, your lawyer must use the concept of standard of care, which is defined as care that a reasonable, similarly situated professional would have provided to the patient.

A breach of such duty occurred: A breach of the standard of care in itself is legally meaningless unless it causes an injury to the patient. Thus, you must have sustained an injury for this element to be satisfied.

The injury was caused by the breach: To prove this element, you must show a direct relationship between the alleged misconduct and a subsequent injury. Or, your attorney can show a legally sufficient relationship between the breach of duty and the injury, which is known as “proximate causation.”

Resulting damages. Since monetary damages are easy to calculate and administer, the court judge will determine the amount of compensation you will receive in your claim. Damages are categorized as economic, non-economic, and punitive, which we explain below.

Medical Malpractice Damages

As we mentioned, the 3 types of damages are economic, non-economic, and punitive. Each of these damages accounts for different types of losses. We explain the differences between these types of damages below.

Economic Damages (Special Compensatory Damages)

Non-Economic Damages (General Compensatory Damages)

Punitive Damages: Rarely awarded, punitive damages are reserved for especially egregious conduct that society has a particular interest in stopping. Punitive damages, as implied in the name, are deemed a punishment to the defendant for their harmful or extreme wrongdoings. Examples can include altering or deliberately destructing medical records, or sexual misconduct towards a patient. However, since punitive damages are rare, you have better chances of recovering economic and non-economic damages in your medical malpractice claim as opposed to punitive damages.

Why Choose Our Medical Malpractice Lawyers?

Medical malpractice claims involve a number of complex legal issues that can sometimes be difficult to prove, making it ever-more important to consult with an experienced lawyer such as our very own Chicago medical malpractice attorney. At Cogan & Power, we set ourselves apart from other law firms in the following ways:

• We pride ourselves on our friendly and collegial approach to legal representation. More than legal advocates, we become invested in our clients’ overall well-being as they work to recover from their injuries caused by medical malpractice.
• We understand the importance of swift and comprehensive information so we can assemble the necessary evidence to support your legal claims.
• We take a collaborative approach to legal representation, allowing us to draw on the diverse backgrounds of each of our attorneys, including a former nurse with an extensive medical background and former defense attorneys, including former in-house counsel to a major teaching hospital who have access to a vast network of medical experts and consultants.
• We focus primarily on medical malpractice cases, providing us with unsurpassed knowledge of the legal and procedural issues that can come into play when pursuing a medical malpractice or wrongful death claim.
• We have obtained numerous multi-million dollar verdicts and settlements on behalf of medical malpractice victims, including an $11.4 million settlement for a man whose cervical cord was injured when his head fell from the head-holder during surgery, a nearly $10 million verdict for a medical student who suffers from complex regional pain syndrome, and a $7.65 million verdict in a birth injury case in which a baby suffered from cerebral palsy caused by obstetrical negligence.

We invite you to get in touch with our medical malpractice attorneys online or at (312) 477-2500 to learn about your rights during a no-cost, no-obligation complimentary consultation.