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Medical care is a critical aspect of our lives, and we trust healthcare professionals to provide the highest standard of care. However, there are times when medical treatment falls short or mistakes are made, leading to serious harm or even death.

When that happens, it’s worth pursuing whether or not you or a loved one has been a victim of medical malpractice. The question we got a lot is when is it the right time to hire a medical malpractice attorney.

The short answer is right away. That doesn’t mean you are actually “hiring” them, but having a consultation to see if there’s a case worth investigating. Even if a case seems like a slam dunk, these cases are always fought. The initial investigation to see if you even have a case usually lasts six or more months.

That said, these are things we as lawyers advise you to think about.

Recognizing Medical Malpractice
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing injury or harm to the patient. Common examples include:
• Misdiagnosis or Delayed Diagnosis: Failure to diagnose a condition correctly or in a timely manner can result in harm that could have been prevented with proper treatment.
• Surgical Errors: Mistakes during surgery, such as operating on the wrong body part or leaving surgical instruments inside the body, can have severe consequences.
• Medication Errors: Prescribing the wrong medication or dosage can lead to adverse reactions or ineffective treatment.
• Birth Injuries: Negligence during childbirth can result in injuries to both the mother and the baby, such as cerebral palsy or other permanent disabilities.

These aren’t all of the potential cases, but some of the main causes that could lead to a case.

Things To Know When Hiring a Medical Malpractice Attorney

  1. Significant Injury or Harm
    If you or a loved one has suffered a significant injury due to medical negligence, it is essential to consult with a medical malpractice attorney. Significant injuries often require extensive medical treatment, rehabilitation, and can result in long-term or permanent disability or death. An attorney can help you understand your legal options and pursue compensation for medical expenses, lost wages, and pain and suffering. That doesn’t mean malpractice hasn’t happened if your injury isn’t serious. But as these cases are very expensive and require a lot of work, the honest truth is that lawyers are looking for claims that involve bigger injuries.
  2. Complex Medical Evidence
    Medical malpractice cases involve complex medical evidence and require a deep understanding of medical terminology and standards of care. An experienced attorney has access to medical experts who can review your case, provide expert testimony, and strengthen your claim. Without this expertise, proving negligence can be challenging. A lot of lawyers say they handle these cases, but the biggest verdicts every year seem to mostly be handled by a group of 10 or so top Illinois law firms.
  3. Disputed Liability
    Insurance companies and healthcare providers will dispute liability in medical malpractice cases. They may argue that the injury was a known risk of the procedure or that it resulted from a pre-existing condition. A skilled attorney can counter these arguments, gather evidence, and build a compelling case to establish liability.
  4. Statute of Limitations
    Medical malpractice claims are subject to strict statutes of limitations, which in Illinois can be as little as two years from when the malpractice happened. These laws set the time frame within which you must file a lawsuit. Failing to file within this period will result in losing your right to bring a lawsuit. An attorney will ensure that all deadlines are met and that your case is filed correctly and promptly.
  5. The Role of a Medical Malpractice Attorney
    A medical malpractice attorney does a lot of work including:
    • Case Evaluation: They will evaluate the merits of your case, determining whether you have a viable claim.
    • Expert Consultation: Attorneys work with medical experts to review your medical records and provide critical insights.
    • Legal Strategy: They develop a comprehensive legal strategy tailored to your specific circumstances.
    • Negotiation and Litigation: Whether negotiating a settlement or representing you in court, your attorney will advocate vigorously on your behalf.

    Medical malpractice can have devastating consequences, but you don’t have to navigate the legal complexities alone. If you believe you have been a victim of medical negligence, please call us at 312-346-5320 to speak with an attorney for free and in confidence. We will do whatever we can to help you.

See also: 20 Illinois Medical Malpractice Examples

Prostate cancer is cancer that occurs in the prostate, found only in the male body. The prostate is a small walnut-shaped gland that produces seminal fluid that nourishes and transports sperm.

Most of us know someone who has had or currently has prostate cancer. It is one of the most common types of cancer. Prostate cancers can grow slowly, stay in the prostate gland, and not cause much harm. However, other types of prostate cancer are much more aggressive and can quickly spread. Early detection is critical because the best chance for successful treatment is when the cancer has not spread beyond the prostate gland. It’s when it’s not caught early, but should be that you may have a medical malpractice lawsuit in Illinois.

Urologists and primary care doctors should offer prostate cancer screenings to their male patients starting at age 50. For those men who are at a higher risk (for example, they have a family history of prostate cancer), screenings should be offered before age 50. For most men, screenings every 2-3 years is appropriate, but that can vary based on the results of your first screening.

There are two tests doctors use to detect prostate cancer. Both are simple and can be performed during a doctor’s office visit.

One is the PSA test. That is a prostate-specific antigen blood test. It measures a protein in the blood that is usually high if there is a prostate problem. However, this protein isn’t always elevated when cancer is present. So a second test, a DRE, or digital rectal exam, is also needed. The doctor manually examines the patient’s prostate for irregularities such as unusual size, texture, and shape.

Usually the process of prostate cancer detection and treatment goes smoothly. Unfortunately though, we have seen our share of medical malpractice cases due to doctor error. Those medical mistakes that delay the diagnosis of prostate cancer include the failure to:

• Offer (or at least recommend) routine prostate cancer screening

• Offer (or at least recommend) early prostate cancer screening for men at an increase risk
• Order a PSA test
• Perform a digital rectal exam
• Follow up thoroughly on PSA test results
• Investigate any suspicious findings from the tests

Because early detection and treatment is so important, a medical mistake (i.e. preventable delay) can cause a severe negative impact on the patient. Injuries from the failure to diagnose prostate cancer can include:

• Death
• Inoperable cancer
• Much more aggressive, invasive, and/or expensive treatment than would have been necessary (surgery, radiation, chemotherapy)
• Extreme pain
• Loss of sexual function
• Much longer recovery time
• Lost wages from being unable to work
• Long-term disability or permanent disability

We’ve been involved in a lot of lawsuits for failure to diagnose prostate cancer. The most common reason seems to be a failure to follow up on a high PSA test result. An experienced attorney who has successfully handled these failure-to-diagnose cases can help you or a loved one get the justice and compensation you deserve.

There is no cost to start an investigation into a case and we only get paid if we are successful. If you’d like to discuss a case, please call us any time at 312-346-5320 to speak with a lawyer for free.

I had a call recently from a very upset person who did not get the result they were looking for in their divorce case.  They were sure that they had a great legal malpractice lawsuit because their lawyer was unprepared and did not ask for things that the client wanted.

I explained to this caller that I couldn’t help because it’s very difficult to successfully sue an Illinois attorney for a bad judgment call.  The caller became more upset and told me that lawyers are all pieces of shit and that we all protect each other which is why we won’t sue each other.

I really do empathize with people in these situations. You lay out a bunch of money for an attorney and they do a bad job and you don’t get the results you want. When you lose custody of your kids and are going bankrupt, it’s of course worse.

All of this said, we do sue other Illinois attorneys and are happy to do so when it’s a good case. But just like it’s difficult to sue a doctor for malpractice, it can be hard to sue an Illinois attorney for malpractice.  And finding a top Chicago legal malpractice lawyer is hard, but not if you have good facts and damages on your side.

The truth is that there are over 70,000 Illinois attorneys.  Some will screw up.  A lawyer I know who is regarded as one of the best Illinois personal injury attorneys out there was successfully sued recently. It doesn’t make him a bad lawyer. It means he had a mistake that was “beyond the standard of care” and his client suffered real damages that can be measured financially as a result.

Most successful Illinois legal malpractice lawsuits involve an attorney who has caused “irreparable harm.”  That means their mistakes can’t be fixed. If they drop your case 60 days before your time to sue runs out, you can still sue so it’s not legal mal.  If they promised to get in to court six months ago but never did, you can still get in to court and don’t have irreparable harm.

On the other hand, if your lawyer failed to file a lawsuit in time, sued the wrong parties or did something to cause a financial loss you can’t recover from, you might have a case to sue them.

The cleanest example is when someone is injured in a car accident that is clearly the fault of the other car. If your attorney has two years from the accident date to sue and fails to do so, you’d have a lawsuit against them.  Another common one we are seeing now is for birth injuries where the attorney believes they have until the child’s 8th birthday to file a lawsuit, but it turns out they only have until their 2nd birthday to sue because the treating doctor worked for a Federally funded medical clinic.  That changes the time limits for suing and is a mistake many lawyers make.

What you can’t do though is sue because you don’t like the case result and think the attorney should have been better or done different things.  The defense in those cases will be the lawyer saying “I felt prepared and made a judgment call to do what I did.” If the judgment fails it’s not necessarily negligence.

As a result I can tell you I’ve never read about a successful lawsuit against an Illinois divorce attorney.  That’s not to say it hasn’t happened or couldn’t happen, but it surely is rare.  Most success claims against lawyers for malpractice are against personal injury lawyers.

This of course makes clients feel that bad lawyers get away with robbery.  Sometimes that does happen, but even if you can’t sue them, you can always file an ethical complaint against them with the Attorney Registration and Disciplinary Commission or ARDC.  Their standards for holding a lawyer accountable are worthy of a whole other post, but they do discipline bad behaving attorneys which can include taking away their license.

The best thing an attorney can do for you when you feel like suing a past lawyer is to talk to you for free and give an objective, honest assessment of your possible case. We will do that for you for free any time. If you’d like to speak to one of our lawyers in confidence, please call us any time at 312-346-5320.

See also: Who is the best Federal defense lawyer in Chicago?

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