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Filing a Chicago Medical Malpractice Lawsuit
If you’ve come to the conclusion that you would like to file a medical malpractice lawsuit, then you should contact a lawyer.
Following are the steps to filing a lawsuit:
- Hiring an attorney: Not any attorney will do. You need to hire an attorney who specializes in medical malpractice cases. He or she will have the knowledge and experience required to handle your case. Additionally, most medical malpractice law firms have a doctor in their office or nearby who can investigate cases to determine if there is enough evidence to warrant a medical malpractice lawsuit.
- Establishing legal elements: Next to hiring an attorney, establishing the legal elements of medical malpractice is the most important step to filing a lawsuit. With the help of your attorney and a skilled doctor, you must be able to prove the elements of duty, negligence, injury, and causation. Negligence and causation will be the most difficult elements for your attorney to prove because he or she must show that the doctor or nurse caused you injury by acting or failing to act.
- Obtaining a certificate of merit: Many states require you to obtain a certificate of merit in order to reduce the number of unsuccessful medical malpractice claims. Your case will need to be validated as meritorious by a certified doctor. This means that the potential for medical negligence in your case has been acknowledged.
- Filing the suit: Once you establish the legal elements and have your case certified, you can begin the actual filing of your suit. You also must notify the defendant of your Chicago medical malpractice claim. Also, the insurance company who represents the defendant will probably launch their own investigation into your medical malpractice claim.
- Negotiating a settlement: Like other forms of personal injury, the majority of medical malpractice cases are settled outside of court. If you have a very strong case, you can expect a large settlement. However, if your case has any major weaknesses, chances are the defendant will be less likely to hand over a substantial settlement. The advantage of settling outside of court is that you are guaranteed compensation. If you decide to go trial, you may receive a larger award, but also risk losing and receiving nothing.
Every medical malpractice case is different and so are the outcomes. However, hiring experienced law firm can increase your chances of receiving a favorable settlement.