Doctors and surgeons are usually well-trained and highly skilled, but unfortunately, mistakes happen. Because the stakes are so high in the healthcare industry, a simple error can lead to catastrophic results. If you or someone you love suffered due to a physician’s mistake, you deserve compensation for your losses.
Recovering that compensation may require help from a Naperville medical malpractice lawyer. Cases against doctors and hospitals can be extremely difficult, but experienced personal injury attorneys have the knowledge and experience needed to pursue a claim.
What Makes Medical Malpractice Claims Difficult
Medical malpractice cases are widely regarded in the legal field as among the most difficult to win. These difficulties largely stem from two factors: the need for expert testimony and the complicated employment structure used by many hospitals. This makes the legal representation of a Naperville medical malpractice attorney even more critical, as their experience has led to a nuanced understanding of the potential pitfalls in a case.
Expert Testimony
The medical field can be incredibly complicated, and the specifics of a procedure can be difficult for jurors to grasp. Therefore, one of the most challenging parts of a medical malpractice case is finding a doctor or medical professional who can explain what happened and what went wrong to the jury.
Complicated Employment Structures in Hospitals
Because hospitals are often the targets of medical malpractice claims, they sometimes utilize complex employment structures to reduce the likelihood of lawsuits. For example, a patient who needs a surgery may be passed from one doctor to another before being handed over to a surgical team of dozens of people. This situation could make it difficult to determine who, precisely, was responsible for an act of malpractice.
Additionally, many workers at hospitals are not employees of the facility. Instead, they are classified as independent contractors, and they may have to be sued individually for medical malpractice. A seasoned lawyer could help establish which parties are negligent.
No Damage Caps for Successful Medical Malpractice Claims
Thankfully, successful medical malpractice claims against doctors or hospitals are not subject to statutory limitations on the amount of damages a victim can recover. However, this has not always been the case. The health care industry lobbied extensively for damage caps, and in 2005, the state legislature passed a law that kept medical malpractice verdicts under a certain amount.
However, the Illinois Supreme Court ruled this law unconstitutional in 2010 and threw it out, allowing victims to recover the full compensation they need to cover their losses. A medical malpractice lawyer in Naperville could utilize this case and recover the compensation that victims deserve.
Call a Naperville Medical Malpractice Attorney for Representation
If you suffered due to a doctor’s inaccurate diagnosis or a surgeon’s mistake on the operating table, you deserve compensation for your losses. Hiring a lawyer to represent you in court may be essential to the success of a claim, as the health care field has insulated itself well against medical malpractice claims.
A Naperville medical malpractice lawyer could work to overcome these barriers. By fighting on your behalf both in and outside of the courtroom, an attorney could work to bring you the compensation you need. Call today to set up a consultation.
