Content Reviewed by:
Steven M Levin
Content Reviewed by: Steven M Levin
Since 1976, Steve Levin has been dedicated to helping people injured by others’ negligence. He is one of the first attorneys in the U.S. to prosecute nursing homes for abuse and negligence. He’s also helped write new legislation that governs the operation of nursing homes, including the Illinois Nursing Home Care Act. Moreover, Levin & Perconti has obtained the top three jury verdicts in nursing home negligence cases in Illinois.
Health care providers who fail to provide the appropriate professional standard of care can cause significant harm to patients. Filing a claim for medical malpractice is a complex process that requires going up against wealthy health care corporations and insurance companies. It takes knowledge of the medicine involved, the medical system, access to experts, and significant financial resources to fight for justice and fair compensation.
Medical malpractice cases are among the most challenging personal injury cases to win, but having an experienced medical malpractice lawyer on your side can make all the difference. Getting an accomplished medical malpractice attorney to take your case is crucial to recovering the compensation you deserve.
Steps to Take Before Contacting a Medical Malpractice Attorney
Most medical malpractice attorneys offer a free consultation to determine whether a potential client has a strong medical malpractice case. It is important to contact a reputable attorney as soon as possible if you suspect medical malpractice.
An attorney may be more likely to accept your case if you prepare ahead of time by taking the following steps:
- Gather your medical records. Bring as many records as you can, including medical bills, written correspondence between you and your health care providers, diagnostic test results, and treatment notes.
- Write down the facts of your case. Include your initial symptoms, the diagnosis, the treatment you received, a list of your negative medical outcomes, the mistakes you believe the health care providers made, the names and contact information of your health care providers, dates, and locations.
- Compile witness information. Write down the names and contact information of family members, friends, other health care providers, and anyone who witnessed the medical errors or the effects of the errors.
If you cannot gather all this information before your appointment, bring whatever you can. Do not skip the appointment. An experienced health care provider errors lawyer can obtain the information and documentation you cannot.
Choose Your Attorney Wisely
Selecting the right attorney to handle your medical malpractice case is crucial to obtaining the best results. Not every personal injury lawyer is qualified to handle a medical malpractice claim. An unqualified attorney may refuse your case, even though it has merit.
Look for an attorney with the following credentials:
- At least a decade of experience handling medical malpractice claims
- A reputation as a proven trial lawyer in medical malpractice cases
- A history of successful medical malpractice case results
- Multiple testimonials from satisfied clients
At Levin & Perconti, we have over 32 years of proven experience and have recovered more than $1 billion in compensation for our clients, including numerous record-setting verdicts and settlements. Over the decades of standing up to negligent health care providers, we have developed the most effective and aggressive approach for each case. As proven trial lawyers, our adversaries know who we are and that we will not settle for less than our clients deserve.
How to Approach a Medical Malpractice Attorney
Most medical malpractice attorneys have websites with online forms that tell you how to contact a medical malpractice attorney. You usually also have the option of scheduling your initial appointment through a phone call or email.
During the consultation, the attorney will ask detailed questions about the care you received, the outcome you expected, and the results you experienced. Be ready to answer detailed questions about your medical treatment, who provided care, your symptoms, and your complications. It is crucial to answer every question honestly without holding back any information, even if you think it is unfavorable to your case. An attorney must have all the facts upfront to overcome challenges and get you the best results.
The initial consultation is also an opportunity to screen the attorney. You can ask the attorney about your case’s challenges, how the attorney would handle them, and how confident they are about recovering compensation. Finally, it is important to feel comfortable with your attorney. A good medical malpractice lawyer will treat you with respect and empathy.
The Attorney’s Evaluation Process
You may not receive an answer about whether an attorney will accept your case during the first meeting. The attorney will likely need time to gather information before making a decision. Due to the complex nature of medical malpractice cases, this process can be extensive.
Obtaining All Medical Records
With your authorization, the attorney will obtain your medical records and review the relevant treatment notes, diagnostic decisions, test results, discharge summaries, and other information pertinent to your case.
Determine the Standard of Care
One of the most important elements of a medical malpractice claim is the applicable standard of care the doctor should have followed based on your symptoms, diagnosis, and medical history. The standard of care is the care a similarly qualified health care provider would reasonably have provided based on the available information. The attorney may share your records with medical experts familiar with the appropriate standard of care who will evaluate your provider’s actions.
Determining Causation
Proving the doctor breached the duty to provide the appropriate standard of care is only the first step in proving a medical malpractice claim. You must also prove that the breach of duty—and not something else—is the cause of your injury. Your health care provider may claim that the injury was an inevitable side effect of the treatment you received or that a pre-existing condition is to blame. With the help of medical experts, an attorney can connect the injury to the negligence.
Assess the Damages
The attorney will consider the short-term and long-term effects of the medical negligence, such as the following:
- Lifetime medical expenses
- Lost wages
- Lost earning capacity
- Lifetime pain and suffering
- Loss of life activities
The attorney will then use this information to calculate your case value.
Assessing the Feasibility of the Claim
The attorney will evaluate the strength of your case and the likelihood of winning compensation based on your case investigation. A good attorney can anticipate the defense strategies the negligent providers and their insurance companies will likely use and will develop a legal strategy to overcome them.
If the attorney feels comfortable that there is strong evidence to support your claim, the attorney will likely schedule another appointment with you to discuss your legal options and case value.
Common Reasons Why Medical Malpractice Attorneys Turn Down Cases
The primary reason medical malpractice lawyers turn down cases is that they are not confident they can win. They may believe the case has too many challenges or that there is not enough evidence.
Our nationally recognized medical malpractice attorneys at Levin & Perconti are not afraid to take on the most challenging cases. We are the law firm other attorneys throughout the country refer their difficult cases to when they want to ensure their clients get justice. Our knowledge of federal and state medical malpractice laws is unmatched, and we work with a nationwide network of renowned medical experts who help us prove our cases and get the best results possible.
If another law firm has declined your case, we may still be able to help. Call (312) 332-2872 to schedule a free case review.
Contact the Medical Malpractice Attorneys at Levin & Perconti
Medical malpractice should never happen, yet negligent health care providers resist paying fair compensation. Our medical malpractice attorneys have the resources to invest every dollar necessary to successfully prosecute your claim. We never settle for less than fair compensation and never back down from taking cases to trial.
Our successful case results include the following:
- $17 Million: We obtained this medical malpractice settlement for a former police officer who suffered a life-altering brain injury due to nursing staff negligence at a Chicago hospital.
- $14 Million: Our team secured this record-high verdict against a doctor and hospital for ignoring abnormal chest X-ray results, which caused a substantial delay in the diagnosis of lung cancer.
- $8 Million: Our dedicated law firm was able to secure this settlement for the estate of a woman who died due to a hospital’s failure to treat a kidney stone.
- $7.62 Million: We won a verdict against an HMO doctor who disregarded the mother’s complaints of postpartum bleeding, which resulted in her death.
With over 400 years of combined practice experience and more than $2 billion recovered, we have what it takes to pursue the results you deserve. Contact us online today or call (312) 332-2872 to schedule your free consultation.
