Legal Question in Medical Malpractice in Illinois

Re: Medical Expert Fees

Yes.

It is not a doctor's testimony that costs, it is his time, review and conclusions that are expensive. In Illinois, in order to know whether or not a malpractice has occurred, the medical records have to be reviewed by an expert. Just because you or your lawyer say that there was a malpractice, it is not enough. That opinion must come from a doctor via an affidavit (read supreme court rule 622). Otherwise, you, your lawyer and your case will never be taken seriously by the insurance company.

It is not unusual to have to pay anywhere between $5k to $10k for that opinion--depending on the amount of the medical records to review it may even be more.

I hope this helps,

Taradji Law Offices

Re: Medical Expert Fees

Unfortunately, the insurance companies who provide coverage for doctors and hospitals have created "tort reform" groups which (while purporting to help doctors from greedy lawyers) really are a front group for corporate greed at the expense of injured citizens.

The insurance companies then lobbied your state representatives and senators and created a law that medical malpractice cases (and only medical malpractice cases) require a special affidavit from another medical doctor that the claim is with merit and requires expert witnesses in order to prevail at trial.

These affidavits - and the medical deposition testimony - that support the claim costs can easily cost from twenty to fifty thousand dollars by the time of the trial.

These requirements prevent lawyers from filing lawsuit against doctors unless the potential recovery is close to a million dollars. Thereby depriving compensation to thousands and thousands of smaller claims.

Then, the same groups went back to the legislature and capped the amount of the damages you can recover in medical malpractice cases. Thereby making the business of insurance very profitable at the expense of people with the most catastrophic injuries.

Unless and until you speak up to your state senator and representative nothing will change except more people will be injured and there will be no incentive to ever improve the health care system.

Good Luck,

Matt Belcher