There are two key components to bringing a medical malpractice claim in Illinois: a healthcare provider must have made a mistake while treating you, and you must have been harmed by that mistake. The healthcare provider must have acted outside of the "standard of care." The standard of care is a legal term referring to the generally accepted methods of treatment for similar patients in your area.
Taking a Malpractice Claim to Trial
When complex and disputed facts arise, malpractice claims may have to be resolved by trial. Taking a medical malpractice claim to trial can become very expensive and time-consuming. As a plaintiff, time is not on your side. While you proceed to collect evidence, medical bills continue to stack up. As you watch attorneys select a jury, your time away from work increases. Proving the standard of care requires expert witnesses; other doctors who will give opinions about your treatment. The expert witnesses require payment. Waiting for the jury’s verdict can cause unnecessary stress and frustration. The trial itself can last for weeks.
Settling a Malpractice Claim
Where no major facts are in dispute, a settlement may be your best option. Avoiding the hassle of a trial is a major advantage of accepting a settlement. Even the best attorneys cannot guarantee the outcome of a trial. Every attorney can guarantee the outcome of a settlement agreement, however. Accepting a settlement means you have a definite payday; you do not have to wait until the end of a trial to be compensated.
Knowing Which Option is Best
To make a judgment about accepting a settlement, you need to know how you should be compensated. You need an advocate who understands settlements. If you are searching for an Oswego medical malpractice lawyer, let our team of experienced negotiators equip you to make this decision. Contact us today to schedule your free consultation.