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What to Expect During a Medical Malpractice Lawsuit?

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Suffering an injury or a worsened medical outcome due to a doctor’s malpractice feels like a devastating betrayal of the trust we put in our doctors. Tragically, one controversial medical study suggests instances of medical malpractice may be high enough in the U.S. to make it the third leading cause of death.

Taking on a medical malpractice lawsuit while still suffering the effects of the harm can feel overwhelming, but a successful lawsuit against a negligent medical provider can provide critical compensation for victims.

What Is the Process of a Medical Malpractice Case In Chicago?

When it becomes clear that you’ve been the victim of a doctor’s failure to uphold their duty to treat each patient at the medical community’s standard of care, you can begin by immediately seeking a full medical evaluation by a doctor who is unrelated to the medical facility where the malpractice occurred. Then, do the following:

  • Obtain a copy of your complete medical record and physician’s notes from the facility where the malpractice occurred, and copies of your medical report since the malpractice
  • Follow your new doctor’s orders carefully
  • Keep copies of all medical bills, invoices, and receipts for related expenses
  • If you’ve missed work, obtain a statement from your employer and a copy of your recent tax forms showing your typical income
  • Contact an experienced medical malpractice attorney

Your attorney will then file a malpractice claim and handle all communication with the facility and its malpractice insurance company.

What Your Medical Malpractice Attorney Does for You

A medical malpractice attorney conducts an independent investigation with your best interests at heart. At the same time, the negligent provider’s medical malpractice insurance company assigns an adjuster to investigate. The adjuster’s goal is to reduce the amount they must pay on the claim or deny it altogether. Your medical malpractice lawyer does the following:

  • Examines your medical records
  • Deposes eyewitnesses
  • Consults with medical experts
  • Documents evidence of the negligent medical provider’s liability
  • Carefully calculates your economic damages and uses medical experts to determine the severity and duration of the pain in this type of injury or worsened medical condition
  • Determines the appropriate compensation for any catastrophic damage caused by the malpractice, such as loss of limb, the loss of an organ, vision or hearing loss, permanent scarring, disability, chronic pain, diminished quality of life, or shortened life expectancy
  • Sends a demand package to the appropriate insurance company with the evidence and a full accounting of the damages
  • Negotiates with the insurance company to achieve an ample settlement, or
  • Goes to court to assertively argue your case to a jury, seeking a verdict in your favor and a large court award for your damages

If a loved one died from medical malpractice, the medical malpractice lawsuit becomes a medical malpractice wrongful-death lawsuit to recover crucial compensation for the affected family, plus compensation and a sense of justice for the grievous loss.

How Can Smith LaCien LLP Help My Medical Malpractice Case?

A successful medical malpractice case hinges upon an attorney with access to critical resources, such as renowned medical experts, to effectively demonstrate how the malpractice occurred and explain why the care received did not meet the medical community’s accepted standard of care, and that the doctor did not treat the victim the way another reasonable medical professional would have in the same circumstances.

Call Smith LaCien LLP to speak to an experienced medical malpractice lawyer for a free evaluation of your case. An experienced injury attorney in Chicago is ready to take prompt action on your behalf with a personalized strategy to recover the maximum compensation available to you.

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