We Are Chicago Medical Malpractice Attorneys
- Over 40 Years of Experience
- More Than $3 Billion Won for Our Clients
- Thousands of Lives Changed
Doctors are not miracle workers, but they are expected to provide quality care. Patients who suffer serious, permanent injuries as a result of their healthcare provider’s negligent or reckless care may have a right to sue for financial compensation to help them recover from the harms inflicted upon them.
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What Constitutes Medical Malpractice In Chicago?
If your client is considering filing a medical malpractice lawsuit in any city in Illinois, you should first know that these kinds of cases can be extremely complex from the beginning. Most patients realize that recovery from illness is not guaranteed, but unfortunately, the actions of healthcare providers can sometimes be a contributing factor to a patient’s poor outcome.
How Can Someone Know Whether They Have a Case for Malpractice?
While a healthcare provider's negligence may not be immediately recognizable to patients, most behaviors of malpractice fit into a few common kinds of medical errors.
- Disregarding or taking incomplete patient history
- Failing to order proper testing for patients
- Ignoring or failing to recognize symptoms
- Misreading or ignoring lab results
- Failing to diagnose appropriately or quickly enough
- Failure to detect or properly treat cancer
- Performing unnecessary or wrong-site surgery
- Leaving surgical equipment inside patient
- Failing to provide follow-up or aftercare
- Discharging patient from care too early
- Failing to obtain informed consent
- Making medication or dosing errors
- Abusing patient sexually or physically
When all medical professionals involved with a case have acted with professionalism and competence by doing their best to care for the patient, even a bad outcome may not be malpractice. On the other hand, recognizing some common signs of medical malpractice is important for patients to take action.
- Continued or worsening symptoms. If the symptoms have been reported to the doctor yet the patient continues to experience the same symptoms—or even gets worse —it may be worth looking into whether the doctor is providing appropriate care.
- Poor communication regarding the care or diagnosis. Doctors are responsible for explaining the risks of any treatment or medications and seeking informed consent from a patient before taking any action except in certain emergency situations.
- Sudden referral to a specialist or another doctor. Competent care includes knowing when to seek the input of a specialist for the good of patients. Suddenly or unexpectedly referring a patient out without much explanation may be a sign that the doctor realized too late they missed something with the care. (Although, not referring a patient to a specialist at all can also be malpractice.)
- Explicit acknowledgment of fault or an apology. It’s a red flag when someone apologizes directly to a patient or their loved one for the medical actions or outcome, or even a colleague’s actions. Trust your instincts, and contact a lawyer if you think a mistake might have been made.
At the first sign that your medical care did not meet the standard of care you would reasonably expect to receive, consider contacting a medical malpractice attorney. If nothing else, a knowledgeable lawyer can educate you about your rights and help you figure out your next steps, like whether you have a case.
What Do Attorneys Look for in a Malpractice Case?
When considering whether a case is likely to meet the burden of proof for medical malpractice, lawyers ask questions that will help them determine whether the case first meets the basic requirements for medical malpractice. No matter how skilled, doctors are not able to guarantee everyone positive results. However, medical malpractice lawyers know what basic legal expectations doctors are held to, including:
- Duty of care. In some cases, the number of people who have a duty to provide you care is a longer list than you may know. Your attorney will know which questions to ask you and what to look for in your records to determine who the parties named in your lawsuit will be.
- Violation of the duty of care. The law says that all trained medical professionals should be able to provide a reasonable standard of care under similar circumstances. Whether their inability to provide that care was intentional or not, it still could be malpractice.
- Injury to the patient. When a healthcare provider violates the standard of care, a patient must also have been injured as a result of the provider’s actions or omissions in order to have a case for malpractice. In general, a medical malpractice case only makes sense to pursue if the injury is significant (death, permanent brain damage, major organ damage, etc.).
- Damages result from the injury. Lastly, patients must have suffered damages as a result of the injury. Categories of damages can include medical bills, lost wages, or pain and suffering.
You should be aware of your rights and all the kinds of damages the law allows compensation for in a malpractice claim, especially because some of the kinds of damages allowable in a medical malpractice lawsuit may not be obvious at first.
- Past and future medical expenses
- Rehabilitation and home care costs
- Pain and suffering
- Compensation for loss of enjoyment of life
- Compensation for lost wages or future earnings
Lawyers will also consider the statute of limitations, or the amount of time a person has to file a lawsuit. In Illinois, the statute of limitations for a medical malpractice suit against a non-government defendant is generally two years from when the plaintiff—the person filing the lawsuit—learns of their injury. However, even determining this date is not easy, so consulting an attorney as soon as possible who understands the laws around medical malpractice claims is an important step in protecting your rights.
What Should People Look for When Considering a Medical Malpractice Attorney in Chicago?
When choosing a medical malpractice lawyer for your case, you will want to know that the law firm you select has the knowledge and resources to allow them to continue fighting as long as necessary in pursuit of the maximum amount of compensation.
How Can Janet, Janet & Suggs Help?
Medical malpractice lawyers can help you determine if you have a case for medical malpractice when you begin to explain your circumstances to them. When you do have a case, they can then help you work to recover financial compensation for the damages you have suffered.
- Medical costs. Victims of malpractice should never have to be responsible for the cost of the injuries inflicted on them. Medication, doctor’s bills, and hospital fees are just some of the expenses that can be incurred due to negligent care.
- Lost wages. When you’re ill or injured, you often cannot work. Patients can seek compensation for their lost wages while they recover from their injuries or for wages they had the potential to earn in a future career had they not been a victim of malpractice.
- Non-economic losses. Putting a price on your pain and suffering is never easy, but experienced lawyers know how to evaluate the many different aspects of your unique case to seek fair compensation for your pain and suffering.
Meet the Janet, Janet & Suggs’ Medical Malpractice Team
Howard Janet is one of the nation’s top plaintiffs’ medical malpractice attorneys, uncovering medical mistakes other lawyers have missed and recovering record-breaking results for clients throughout much of the country. He is the author of multiple books, including Navigating a Medical Malpractice Lawsuit, Representing Plaintiffs in Medical Malpractice Cases as lead author and Patients’ Rights and Doctors’ Wrongs—Secrets to a Safer Pregnancy and Childbirth, which he co-authored with Dr. Giles Manley.
Ken Suggs served as president of the Association of Trial Lawyers of America, the leading national plaintiff’s bar association now known as American Association of Justice. He has been a relentless advocate for his clients for over 40 years.
Dr. Giles Manley, a board-certified physician, practiced medicine for 20 years before turning to a career as a medical malpractice attorney. He has won a number of seven-figure verdicts on behalf of his clients, but the value his medical knowledge and experience brings to his clients’ cases is priceless.
Gerald Jowers represents patients harmed by medical malpractice, pharmaceuticals, and medical devices. His work as a plaintiff’s lawyer in medical malpractice cases has produced extraordinary results for clients and their families, both at the settlement table and in the courtroom
Locations We Serve
At Janet, Janet & Suggs, we care for our clients as we would our own families during their time of need. We’re proud to offer representation for families across the country, including in Illinois, Iowa, Maryland, Minnesota, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Virginia, and Washington, DC. JJS has also been granted the ability to represent clients on a case-by-case basis in courtrooms in other states.
Why Choose Janet, Janet & Suggs for Your Chicago Malpractice Case?
JJS is a nationally recognized malpractice law firm that understands the physical, emotional, and financial burden you have been dealt after being harmed at the hands of doctors or other healthcare providers. While we can’t take away your physical pain and we understand money is only one part of your recovery from medical malpractice, our proven track record of record-breaking verdicts and settlements is one sign of our willingness to fight all the way for our clients.
We take our cases seriously, and we fight to help our clients get the care and justice they are looking for. JJS has the knowledge and resources a law firm needs to investigate—and litigate—your case. We work to help our clients get straight answers and just compensation for their injuries, and we do this without charging any upfront costs to represent our clients. You will not pay us anything unless we obtain compensation for you. Contact the medical malpractice lawyers at JJS today for a free, no-obligation meeting.
70 West Madison St.
Three First National Plaza
Chicago, IL 60602