Medical Malpractice

Doctors Make Mistakes- Illinois Medical Malpractice lawyer David Rechenberg makes sure you don’t pay for those mistakes

Medical malpractice is a very complicated area of the law. Medical malpractice cases are sometimes referred to as medical negligence cases by Illinois medical malpractice lawyers. These cases occur when your doctor, or health care provider, breaches the standard of care when treating a patient causing that patient to incur damages. There are as many different ways for a doctor to commit medical negligence as there are ways that he can treat his patients. Some common medical malpractice case include failure to diagnose or the improper diagnosis of a disease or conditions, failure to give the appropriate treatment for a condition or disease whether it was traumatically induced or not, and failure to begin medical treatment for a medical injury or condition, or failure to begin medical treatment in a timely fashion.

In Illinois, before a medical negligence case can be filed against a doctor or medical professional, the case must be certified by an expert witness. That certification requires that the medical expert review all of the medical records regarding the patient’s care and must state in writing that there is a case against the doctor or healthcare provider. The medical experts that give the certified opinion that a doctor made a mistake are extremely expensive. Not only are the experts expensive, the expert must review all of the medical records prior to rendering his opinion, thus time is crucial in getting the expert all of the medical records so he can render an opinion.

If you believe you or a loved one suffered medical negligence at the hand of your doctor, to better your chances of successfully prosecuting the case, promptly contact an experienced Illinois medical malpractice lawyer, like David N. Rechenberg, about your specific case.

The medical expert that is hired to certify the case must be licensed in the same medical specialty as the defendant doctor or medical professional that you believe committed malpractice. Generally, medical malpractice cases must be filed within two years of the date the medical negligence gave rise to the damages. If the damages cannot be reasonably discovered within those two years, a lawsuit must be filed before the statute of repose, which is four years from the date the medial negligence which gave rise to the damages.

The Illinois law regarding attorney’s fees in medical malpractice cases states that Illinois medical malpractice lawyers are allowed a fee of one-third of the first $150,000.00 recovered, twenty-five percent of the next $850,000.00 recovered and twenty percent of the amount recovered over $1,000,000.00. The Court has the ability to increase that Illinois medical malpractice lawyer fee when the Plaintiff’s attorney files the appropriate Motion in Court.

Medical malpractice cases are extremely expensive to prosecute. The cost of prosecuting medical negligence cases is routinely in the high five figure or low six figure range. Since the cost of prosecuting medical negligence cases is so expensive, the liability against the offending doctor should be clear and without doubt and the damages substantial. A lot of medical malpractice insurance policies allow the doctor the final say in whether to settle or defend the case. Most doctors are reluctant to admit medical negligence thus the majority of medical negligence cases are litigated. If you believe that you or a loved one was the victim of medical negligence by your doctor or medical provider, call the Illinois medical malpractice lawyers at the Law Firm of Franks & Rechenberg, P.C. to schedule a complete audit of your case. Contact David N. Rechenberg at (847) 854-7700 for a free case evaluation.

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