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Since 2005, Michael Bonamarte IV has been a passionate advocate for victims of negligent conduct, corporate malfeasance, and medical malpractice. He has won numerous awards and recognitions, including Best Lawyers in America and Super Lawyers’ Rising Star. He has presented for the American Association for Justice, the AAJ Nursing Home Litigation Group, the John Marshall Law School, and numerous other legal associations. He regularly lectures at Chicago-area aging organizations about nursing home abuse. His writings have been published by the American Bar Association, the Chicago Daily Bulletin, and numerous other prestigious publications.
Read Bio
Since 2005, Michael Bonamarte IV has been a passionate advocate for victims of negligent conduct, corporate malfeasance, and medical malpractice. He has won numerous awards and recognitions, including Best Lawyers in America and Super Lawyers’ Rising Star. He has presented for the American Association for Justice, the AAJ Nursing Home Litigation Group, the John Marshall Law School, and numerous other legal associations. He regularly lectures at Chicago-area aging organizations about nursing home abuse. His writings have been published by the American Bar Association, the Chicago Daily Bulletin, and numerous other prestigious publications.
If a health care provider made mistakes that caused you or a loved one harm, it’s normal to ask if it’s worth suing for medical malpractice. You may be facing financial, physical, and emotional struggles and want to hold the practitioner accountable, but you also don’t want to add to your stress or uncertainty.
Whether it’s worth it to take legal action will depend on your unique circumstances and the details of what led to the medical errors. You could potentially recover substantial compensation for medical bills, pain and suffering, and other losses.
Our Chicago medical malpractice lawyers can handle every step of your case, from conducting an investigation to negotiating a fair settlement. If you have valid reasons to sue a doctor, we’re here to take the legal burden off your shoulders. Contact us for a free case review.
When Is It Worth It to Pursue a Medical Malpractice Claim or Lawsuit
Pursuing a medical malpractice lawsuit may be most practical when medical errors cause severe injuries, life-changing consequences, or the loss of a loved one. If you’re thinking about taking legal action, here are important factors to consider:
Clear Negligence
To prove medical malpractice in Illinois, you must show that the health care practitioner was negligent. This means establishing all the elements of negligence, including:
- Duty of care: Doctors and other health care providers have a legal duty to provide the standard of care expected of a competent professional in their position.
- Breach of duty: Breach of duty means the practitioner failed to provide the duty of care expected of them.
- Causation: Causation is establishing a link between the medical professional’s mistakes and the patient’s injuries.
- Damages: Lastly, the medical errors must have caused measurable harm, such as financial losses or emotional suffering.
When it’s clear that the practitioner failed in their duty of care and caused you harm, it may be more likely that you’ll reach a favorable resolution.
Strong Evidence
While you may want to move forward with a lawsuit, the decision may come down to the legal strength of your claim. It can help to work with an experienced medical malpractice attorney who can conduct a full investigation to determine what happened and gather crucial evidence to prove negligence, such as:
- Detailed medical records
- Hospital charts and surgical notes
- Imaging and test results
- Surveillance footage
- Expert witness testimony
Data shows that the outcomes of medical malpractice claims are favorable for victims when expert witness testimony is involved. Your attorney can ask other physicians to evaluate the quality or appropriateness of your care, strengthening your case.
Significant Damages
If you suffered substantial losses due to medical malpractice, it may be beneficial to pursue a legal claim. You could be entitled to recover compensation for all the ways your injuries have affected your life, such as:
- Current medical bills
- Cost of future medical care
- Lost wages
- Loss of future earnings capacity
- Pain and suffering
- Emotional distress or trauma
- Loss of enjoyment of life
- Loss of consortium
- Permanent disability or disfigurement
A fair settlement or verdict can result in significant financial relief that helps cover expenses, support your recovery, and enhance your future stability.
Accountability and Justice
For many people impacted by medical negligence, it’s important to hold the physician responsible for their errors and the harm they caused. While nothing can change what happened, pursuing a medical malpractice lawsuit creates accountability and brings a sense of justice and closure for the families affected.
When It May Not Be Worthwhile to Pursue a Medical Negligence Claim
In some cases, filing a medical malpractice lawsuit can be more challenging. Before you move forward with a legal claim, it’s a good idea to consult an experienced attorney who can review your situation and evaluate these factors:
Statute of Limitations
In Illinois, the statute of limitations for medical malpractice is generally two years from the date the injury occurred. This means you only have two years to initiate a lawsuit to recover compensation. If you did not discover your injury until later, you may have more time, but no longer than four years, to file a lawsuit.
If you missed the deadline to file a medical malpractice claim, your case will most likely be dismissed. But there are rare exceptions that may apply to your claim. Speak with a lawyer to determine if you can still bring a claim for compensation.
Lengthy Legal Procedures
Pursuing a medical malpractice claim in Illinois can be a complex and lengthy process with multiple steps that may be hard to handle on your own. For some victims and their loved ones, the idea of a long or drawn-out process is a significant deciding factor. A medical negligence lawyer can walk you through what to expect and help you weigh your options.
Inadequate Evidence
Statistics have shown that medical malpractice claims with weak evidence are often dropped or dismissed without payment to the victim. If an attorney cannot secure strong evidence to prove negligence and liability, it may not be worth the effort of following through with litigation only to have the case dismissed.
Legal Expenses and Available Compensation
The cost of legal services and litigation can be a major concern for those impacted by medical negligence. While many lawyers work on a contingency fee basis, claims that lack strong evidence to prove damages may not result in significant payouts. Consider a free consultation with a medical malpractice attorney to see what your case may be worth.
At Levin & Perconti, initial consultations are always free, and you don’t pay us anything unless we win your case.
Take the Next Step: Contact a Medical Malpractice Lawyer to Explore Your Legal Options
Medical mistakes can have profound effects on patients and their loved ones. While filing a medical malpractice claim may seem like the obvious next step, it’s important to consider all your options and consult a trusted attorney who can guide you through the process.
Before law school, our co-founder, John J. Perconti, trained in medicine, giving him unique insight when tackling complex cases. As one of the country’s top medical malpractice attorneys, he and our team have recovered over $1 billion in verdicts and settlements.
Contact us online or call (312) 332-2872 today to schedule a free consultation. We can discuss your situation and help you find the best path forward.
