Medical Malpractice

Kane County Courthouse  |  Geneva, Illinois

To win a medical negligence case, an injured patient must prove that the doctor's or another health care professional's care of that patient did not meet the "standard of care." In defending against such a claim, the doctor need not show that his or her care was excellent or even good, but only that he or she did or omitted what a "reasonably careful" doctor in the same practice area would do or omit.

Thus, even if the result of the doctor's care was bad or even tragic, the patient (or his or her family in the case of a death) will not recover against the doctor and/or the insurance carrier unless he or she can show that the doctor's performance fell below this standard. For this reason, it is extremely important to have an effective medical malpractice attorney on your side.

Recovering Maximum Damages For Your Medical Malpractice Injury

In order to establish the standard of care, the injured patient must hire at least one expert witness physician to testify as to what is the standard of care within the relevant medical practice, and that the defendant doctor's performance fell below this standard of care.

The expert must also connect the doctor's substandard diagnosis and/or treatment as the cause of the injury to the patient. This is done by obtaining an affidavit from the medical expert (and after a suit is filed, a preliminary written report, followed by testimony at trial) stating that after reviewing the medical records, it was found that the treating doctor did not meet the relevant medical standard of care.

The injured patient initially faces the expense of the expert's fees for the affidavit, likely to be in excess of $1,500, even before the patient may file a case in court. Once a case is filed with the proper court, because of the difficulties in winning medical negligence cases, and because of the huge expense involved (it often will cost $30,000-$50,000, or more, to bring a case through trial), attorneys representing injured plaintiffs must restrict their cases to those involving catastrophic loss: deaths and permanent injuries.

Contact Us Today To Find Out How We Can Help

At Petti Murphy & Associates, we have experience in recovering large verdicts and settlements on behalf of our tragically injured patients or clients and their families. We fight to maximize the recovery to help offset the economic loss, and the pain and suffering endured, as a result of someone else's mistakes. Call us now to set up a free half hour consultation with one of our attorneys – no attorney fees until you win!