Chicago Medical Malpractice Attorneys

What Constitutes a Medical Malpractice Claim?

Medical malpractice claims consist of four essential elements, all of which must be proven to obtain compensation from the defendant. The injured patient must show that the physician acted negligently in rendering care and that this negligence resulted in injury. The four legal elements that must be proven are as follows:

• A professional duty was owed to the patient: To demonstrate a breach of professional duty, your lawyer must utilize the concept of the standard of care, defined as care that a reasonable, similarly situated professional would have provided to the patient.
• A breach of such duty occurred: It is legally meaningless unless a breach of the standard of care causes injury to the patient. Thus, an injury must be sustained 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. Alternatively, your attorney can demonstrate a legally sufficient relationship between the breach of duty and the injury, known as “proximate causation.”
• Resulting damages: Monetary damages are typically easy to calculate, and 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 three 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)

Economic damages aim to compensate the victim for quantifiable financial losses incurred due to malpractice. For instance, if ongoing medical treatments require specialized equipment, these costs are included under economic damages, ensuring the victim does not bear financial burdens caused by someone else's negligence.

Non-Economic Damages (General Compensatory Damages)

Non-economic damages address the more subjective, non-financial impacts of malpractice, such as diminished quality of life or emotional suffering. These are often harder to quantify, but through our client-focused approach, we ensure that these crucial aspects are effectively presented to reflect their actual impact on the victim's life.

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 engaging in 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.

Why Choose Our Medical Malpractice Lawyers in Chicago

Medical malpractice claims involve a number of complex legal issues that can sometimes be difficult to prove, making it even more important to consult with a seasoned 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 extensive knowledge of the legal and procedural issues that can arise 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.

Frequently Asked Questions

How Do I Know If I Have a Medical Malpractice Case?

Typically, understanding whether you have a viable medical malpractice case involves assessing whether the healthcare provider deviated from the accepted standard of care and if this deviation caused harm. The process involves collecting and reviewing medical records, consulting with medical experts, and considering any physical, emotional, and financial harm endured. While this may seem complex, law firms such as Cogan & Power provide thorough evaluations during free consultations, helping determine whether legal action should be pursued.

What Are the First Steps in Filing a Medical Malpractice Claim?

Initiating a medical malpractice claim usually begins with consulting a qualified attorney to discuss the circumstances of the alleged malpractice. Preparation involves gathering relevant documentation, such as medical records and expert opinions that affirm a deviation from the standard of care. In Illinois, an affidavit of merit must accompany the lawsuit, verifying that a credible health professional has reviewed the case. Our legal team at Cogan & Power is adept at navigating these requirements, ensuring that all necessary steps are followed precisely.

What Can I Expect During the Litigation Process?

During the litigation process of a medical malpractice claim, expect a thorough investigation phase where evidence is gathered, including medical records, expert interviews, and depositions from involved parties. Following this, both sides engage in negotiation which may result in a settlement. If an agreement isn't reached, the case proceeds to trial where each side presents their findings to a judge or jury. Trust in legal representation is crucial, and at Cogan & Power, our dedication is toward transparent communication and strategic case management to support our clients through this often demanding journey.

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.