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Statistics Prove Medical Malpractice Lawsuits are Not Frivolous Claims

Posted on in Medical Malpractice
medical malpractice lawsuits, Chicago medical negligence lawyerWhen the U.S. Department of Justice (DOJ) ranked the consequences of medical malpractice, the DOJ listed death as the most common injury in medical malpractice cases, followed by injuries such as:
  • Organ damage/infection;
  • Brain or head injury;
  • Chronic pain; and
  • Back/neck injury.

The Institute of Medicine estimates that recorded deaths due to preventable medical errors every year exceeds the number of deaths linked to breast cancer, AIDS, and motor vehicle accidents. However, the amount of filed medical malpractice cases are significantly less.

A law review article published by the Northern Illinois University College of Law explores and debunks four myths regarding medical malpractice lawsuits:

  • Plaintiffs file frivolous medical negligence lawsuits;
  • Premiums are on the rise due to skyrocketing jury awards;
  • Access to healthcare is restricted; and
  • Doctors fear negligence liability.

Medical errors occur at a rate that is not matched by statistics of court-filed claims. The first of the listed myths is debunked by research that states that the majority of medical errors do not result in a lawsuit. The second myth is contradicted by research which shows that most victims of medical malpractice are never compensated for their injuries.

These victims include patients who are directly affected by medical error, as well as families who suffer the loss of a loved one due to negligence or malpractice. It is the right of those who have been injured to seek compensation for damage done.

There are several requirements that must be met under Illinois law before a malpractice victim can pursue a lawsuit. The requirements include:

  • Hiring by the plaintiff of medical experts to certify after review of the medical record that the case has merit;
  • Payment of court-mandated filing fees; and
  • Ensure the retained physician review medical records and certify in writing that the claim is merit-based.

While the process can be time-consuming and costly, only an attorney with experience handling this type of litigation maintains the necessary resources and legal knowledge to successfully pursue medical malpractice claims. We help victims seek the justice they deserve. If you seek legal counsel regarding medical neglect in Illinois, contact an experienced Chicago medical malpractice attorney today to discuss your options under the law. Call the law office of Hurley McKenna & Mertz, P.C. at 312-553-4900 for a free case evaluation.

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