Legal Question in Medical Malpractice in Illinois

Re: medical malpractice

The issue is not whether the doctor made a mistake, the issue is did he provided you care that met the standard of care that other physicians who are in the same area of medicine, and if he did not, whether you suffered substantial damages that are enough to warrant the very difficult,expensive and long process of a medical malpractice case. If the care did not meet the standard but your damages are not substantial enough to warrant an attorney taking the case on a contingent basis, you might be able to find one who will charge you an hourly rate. However, you can expect to pay a substantial retainer for the fee and expenses.

Re: medical malpractice

The question is whether the doctor exercised good judgment in giving you the best advice he could under the circumstances you were facing. The fact that you have to go through a second surgery does not mean that the doctor has made a mistake-- and even if the judgment turned out to be wrong, that does not mean that the doctor has failed to provide you with the standard of care required in that area of medicine.

In medicine things are not very clear cut. Because medicine is not a science -- some call it an art -- just because the result achieved are not what was expected, it does not mean malpractice has occurred.

Now, malpractice cases are very expensive. That is an attorney will have to spend sometimes $50k to bring a malpractice suit to a conclusion. If all you expect to gain from the suit comes to $50k--then what will you gain by suing? It becomes a matter of dollars and cents because if you spend more money than you stand to gain, the process will not make senses neither to you or for an attorney.

I hope this helps-

Nima Taradji