Noneconomic Damages in Illinois Medical Malpractice Lawsuits
Unlike economic damages, which victims can quantify based on actual costs relating to medical and other care, noneconomic damages are much harder to quantify. After all, no objective methods exist to assign a monetary value to emotional and other losses. Those who support capping the noneconomic damages that injured individuals and families can pursue argue that excessive awards raise insurance costs for medical professionals and health care costs for everyone. But others argue that no amount of money can fully compensate families for the toll medical negligence can take on families for a lifetime.
In 2005, Illinois lawmakers passed legislation that limited non-economic damages due to medical negligence, such as pain and suffering, to $500,000 for doctors and $1,000,000 for hospitals. But a team of dedicated Chicago medical malpractice lawyers challenged the constitutionality of this law, winning an important victory for victims of medical malpractice.
Dispelling Common Medical Malpractice Myths
When politicians decry that frivolous lawsuits put a huge burden on society, they are often referring to medical malpractice. They frequently cite huge jury awards for pain and suffering as proof that the U.S. needs tort reform.
But recent studies of empirical evidence from medical malpractice cases do not support this perception. A 2008 article published by the Association of Bone and Joint Surgeons, available through the National Institutes of Health medical library, debunked common medical malpractice myths, including the following:
- Juries tend to sympathize with patients
- Juries do not understand complex medical testimony
- Injured victims often prevail in court
- Jury awards tend to be higher than settlements
Juries are not easily swayed
The reality is that three out of four defendants, usually doctors, prevail in court trials. Juries take deliberation seriously and do not let the prospect of deep pockets influence their awards. Qualified malpractice lawyers in Maryland can tell prospective clients what they need to do to win in court.
Another myth is that medical malpractice cases must go to trial for victims to receive fair compensation. The reality is that most malpractice cases settle out of court for equitable compensation if the defendant is able to prove that medical negligence caused them harm. In Maryland, malpractice attorneys can often predict if a case can be resolved through negotiation and which might require litigation.
Highly respected medical malpractice lawyers recognize the potential downside to court battles, including the following:
- Trials can take years to resolve, including post-trial appeals
- Large jury awards can be overturned or reduced in appeals
- A jury may decide there was no deviation from the standard of care
- The strongest cases usually settle to avoid the time and expense of trial
Due to the complexity of medical malpractice, injured patients should consult experienced medical malpractice attorneys to determine if their Maryland case merits legal action.
Take action to preserve your rights
If you are looking for Maryland malpractice lawyers to help with a personal injury claim or lawsuit, the law firm of LeViness, Tolzman & Hamilton, P.A. offers effective, results-oriented representation. Please contact the firm at (800) 358-4LAW to schedule a free initial consultation.
How to Find Qualified Attorneys in Baltimore
In the event of a catastrophic injury due to an accident or medical malpractice, how can a victim find an experienced personal injury attorney to represent them? If a person is detained or arrested for a crime, what is the best way to determine which Baltimore attorneys can be trusted to provide a vigorous defense?
Whether a person is experiencing pain from injuries or sitting at the police station, it is especially difficult to find the right Baltimore attorney to fight for them. But in the age of search engines, finding lawyers and other professionals is far easier than the days of the phone book.
Many websites, such as Martindale.com, offer referrals to lawyers based upon user-defined criteria, such as preferred location or practice areas. Bear in mind that some are impartial sources while others receive commercial incentives to drive prospects to particular law firm websites.
Make the most of the initial consultation
In the initial meeting with an attorney, there are key questions a prospective client should be sure to ask, including the following:
- What percentage of your caseload involves personal injuries, medical malpractice, criminal defense, or other relevant area of practice?
- What is your success rate at winning significant settlements or jury awards for your clients?
- Do you have references from satisfied clients or industry awards and recognitions by your peers?
- What percentage of cases settled out of court versus in the courtroom?
- What customer service do you provide clients to steer them to optimal outcomes and keep them informed of progress towards a resolution?
Attorneys focus on particular areas of practice, and as with any profession, provide different levels of service and competence. By asking the right questions, prospective clients can be sure to make the most of their search and find the right lawyer for their particular circumstances.
Take action to preserve your rights
If you are looking for Baltimore attorneys to help with a personal injury claim or lawsuit or criminal defense matter, the law firm of LeViness, Tolzman & Hamilton offers effective, results-oriented representation. Please contact the firm at (800) 358-4LAW to schedule a free initial consultation.
Avoiding a Medical Malpractice Case
Before performing a procedure, administering medication, or otherwise treating a patient, healthcare providers are legally required to explain the course of action to their patients, as well as disclosing any potential risks. But too often, communication between doctor and patient ends at this point. Lack of sufficient communication with a physician can lead to confusion for the patient and potentially consultation with a Pittsburgh medical malpractice lawyer if and when unexpected results occur. By expanding the dialogue between medical professionals and their patients before mistakes occur, it may be possible to avoid certain malpractice cases.
Proper communication between doctors and patients
All healthcare providers should consistently take the following steps to ensure that their patients are aware of their conditions and understand all of their options:
- Full explanation of diagnoses: Physicians should always be clear and detailed when explaining a diagnosis to a patient. If a patient lacks the capacity to understand his or her diagnosis, it may be appropriate to fully explain the condition of the patient to his or her next of kin, legal guardian, or other family member as well. By fully describing the condition of the patient, a physician can minimize or eliminate confusion regarding the overall prognosis. It is never fitting to downplay the seriousness of an illness or injury in order to quell the fears of a patient. Instead, doing this could lead to the patient or his or her loved ones securing a Pittsburgh medical malpractice attorney and initiating litigation when the outcome is unanticipated.
- Disclosure of risks and potential complications: It is crucial that healthcare providers communicate the possible risks and complications their patients might suffer, as well as the likelihood of their occurrence. Not only is a patient then equipped to decide whether to take those risks, but the patient then cannot be shocked if such complications do occur. This is one of the reasons patients must sign surgical consent forms before surgery.
- Involvement of patient in treatment: Medical professionals can avoid confusion by keeping their patients informed throughout the entire treatment process. Patients have a right to know the status of their health, whether a treatment regime is working, and if there are any changes to the original plan. Additionally, patients must always be involved in the decision-making process. They always have the right to decline treatment, seek a second opinion, or inquire about alternate options.
Contact Experienced Attorneys
If you are finding it impossible to communicate with your health care provider, or believe that you suffered malpractice due to miscommunication, Pittsburgh medical malpractice attorneys can help you resolve your issue.
When the Doctor Makes Mistakes: Medical Malpractice
You have back pain and are considering going in for surgery on your spine. The doctor advises you to take three to six months of conservative treatment before surgery. However, your pain is increasing every day and becomes unbearable. Finally, you have your back surgery done. But the surgery seems to have no effect on your pain—in fact, your pain is worse.
Unfortunately back pain is one of the most difficult problem for doctors to tackle. Understanding the problem is the key to providing a proper solution. In your case, you discover the doctor made a wrong diagnosis that has led to your awful pain. If your doctor fails to make a diagnosis that most doctors can reasonably be expected to make, you have a case for medical malpractice and you should approach a skilled medical malpractice or personal injury lawyer. If you are hospitalized in Clearwater, contact a Clearwater medical malpractice lawyer.
Medical Malpractice Includes Errors in Judgment
A person who falls is taken to the hospital emergency room where they diagnose inebriation and the patient is sent home. The patient actually has a concussion, a fractured spine, and a seriously damaged spinal cord. The result is permanent paraplegia.
Such medical malpractice spinal cases are not just about receiving compensation. They can prevent future cases of medical malpractice as well. In some cases, the licensing of a doctor can be called into question.
Dealing with medical malpractice cases can be complex, so it is essential for you to hire an attorney in Clearwater who has the experience and expertise to handle medical malpractice cases.
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