4 Things to Be Aware of Before Filing a Medical Malpractice Case

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Unfortunately, medical malpractice is a common occurrence in the United States. According to Johns Hopkins Medicine, medical negligence is the primary cause of death for more than 250,000 people each year. This puts medical negligence at the third leading cause of death in the United States, behind heart disease and cancer. Sadly, medical errors and negligence are usually preventable, meaning most of those deaths were unnecessary and at the fault of the doctor. One thing people can do after they or their family members experience an injury from a medical error is file a medical malpractice case. However, these cases can be complicated, so before you pursue a medical malpractice claim, here are four things you should know:

1. The Burden of Proof Lies Completely With You

In medical malpractice cases, the victim has the burden of proof. The physician does not have to prove that he was innocent; you and your lawyer have the responsibility to prove that the physician’s mistake was the reason that you suffered an injury. You must also demonstrate the actual losses you suffered because of the doctor’s error, such as additional medical treatment, disability, and pain and suffering.

2. There are Three Elements You Must Prove

There are three main elements that make up a medical malpractice case. All three of these must be present, because the absence of any one of them will mean you do not have a case. You must prove that:

  1. The doctor did not meet an accepted standard of care or deviated from that standard.
  2. You suffered an injury because of the doctor’s failure to meet the standard of care.
  3. Your injury caused you to suffer significant damages.

3. Most Medical Malpractice Cases are Settled Outside of the Courtroom

Though you may think that medical malpractice cases must be heard before a judge or jury, the truth is, the majority of malpractice cases do not even make it to the courtroom. Most cases are settled rather than litigated, because it is much cheaper for the doctor and their insurance company to pay a settlement than to incur the legal costs involved in litigating a case.

4. You Need the Help of a Cook County Medical Malpractice Lawyer

Trying to file a medical malpractice case on your own will most likely result in your case being thrown out. There are many things you must prove when it comes to medical malpractice cases, especially if you want to get a decent settlement. At the Fotopoulos Law Office, we can help you put together a strong malpractice case, demonstrating that your injury occurred because of a doctor’s negligence and helping you recover compensation that fully addresses your damages. Our skilled Orland Park medical malpractice attorney will fight to get you the best settlement possible. Contact our office today by calling 708-942-8400 to schedule a free consultation.


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