FAQs

Hiring a Medical Malpractice Attorney

Working with us if you are a victim of medical malpractice

Phillips Law Offices in downtown Chicago, Illinois has helped medical malpractice victims and their families for more than 65 years. If you have been the victim of negligent treatment by a medical professional responsible, we know you have a lot of questions.

Contacting our office for a free consultation may be the right way to go. However, we know from experience that the answers to the questions below can be helpful if you are considering a malpractice lawsuit or claim.

Protecting Illinois injury victims for over 65 years

From offices in Chicago, the attorneys of Phillips Law Offices offer quality legal services to the injured and their families throughout Illinois. Call (312) 470-6766, or contact Phillips Law Offices online today for a free consultation with an attorney about your case.

What is medical malpractice?
Medical malpractice is typically defined as the failure of a licensed medical professional or institution to provide the appropriate standard of care expected and necessary to the patient during diagnosis, work-up, and treatment.

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Who can commit medical malpractice?
Professionals who provide medical services to patients can commit malpractice. These are individuals licensed or regulated by the state of Illinois and include doctors, nurses, nurse practitioners, pharmacists, nursing home operators and their staff, and others who provide healthcare services.  The institutions for which medical professionals work may also be named in a malpractice suit if it can be proven that standard policies and procedures, or systematic violation of them, contributed to the injury or death of the patient.
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What does standard of care mean?
Professional negligence by a  physician is the failure to do something that a reasonably careful physician would do, or the doing of something that a reasonably careful physician  would not do, under the circumstances similar to those shown by the evidence.  In providing professional services, a physician must possess and apply the knowledge and use the skill and care ordinarily used by a reasonably well-qualified physician under the circumstances similar to those shown by the evidence.  A failure to do so is professional negligence.

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How do we determine if the standard of care for your injuries was provided and if you have a case?

After listening to the history of your injuries during the free consultation, we ask one of our medical experts to review your medical records along with our comments. They make recommendations regarding what is necessary to prove your claim, the level of harm you have suffered, and the acts of the negligence of the healthcare provider(s) responsible.
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Is there a time limit on when I have to file a case?
Yes. This time limit is known legally as the statute of limitations.  It defines the time remaining for you to file a lawsuit. This can be critical. When the statute of limitations ends, so does your ability to file a case. The statute of limitations in Illinois for medical malpractice cases is generally two years. And, the clock starts from the time of the malpractice, or from when you knew or should have known that there was malpractice which caused an injury. It is why you need to contact an experienced medical malpractice attorney as soon as you believe you have been a victim.
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How are damages calculated for medical malpractice?
Illinois has two distinct malpractice case damages categories: economic and non-economic.

  • Economic damages are for:
    • Past and future medical care
    • Past and future loss of wages/earning capacity
  • Non-economic damages are for:
    • Physical pain and suffering
    • Mental anguish
    • Disability
    • Disfigurement
    • Loss of capacity to enjoy life (including spousal pleasures)

Actual damages awarded are a function of variables including testimony and medical records.  This is another reason why having a skilled medical malpractice attorney representing you is very important.
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How much will my case cost?
Phillips Law Offices handles medical malpractice cases on a contingency fee basis. If we win or settle your case, we are paid a percentage of the settlement or judgment.
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How long will it take?
No two cases are alike. Reality is that the more complex the case and serious the injuries, the longer it usually takes. While the average medical malpractice case nationally takes about two years, we know from experience that your case may not be average in terms of the effort we put in to make sure all of your legal issues are fully resolved. What we can promise is you can be an integral part of your legal team, and may always know the status of your case and your options.
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