What factors affect a settlement in a medical malpractice case?

Medical malpractice cases are among the hardest to prove and win. Periodically you will see newspaper articles about someone winning a million dollar settlement but these are rare, in most cases result in a verdict favoring the defense.

There are manychallenges that face a medical malpractice attorney in Chicago. Among these is the ability of his client, the plaintiff, to prove the case as well as the extent of the injury. Other things that will influence the case are expenses that were encountered by the patient including those expenses associated with pursuing the case in court all will have an impact on the outcome. Medical bills, wages lost or the profit loss of the patients company also will affect the settlement.

The plaintiff and his or her medical malpractice attorney in Chicago have to prove the case in court. To win the case and be awarded damages the plaintiff has to prove some very important things; he must prove that he was injured and the defendant caused the injury, he must show that the injury that was suffered was due to negligence or incompetence on the part of the defendant. If the plaintiff cannot show beyond a shadow of a doubt that there has been gross negligence on behalf of the medical practitioner or facility the chances of winning the case is slim.

If on the other hand the plaintiff is successful in proving that the injury was the result of medical malpractice then there are a number of things that the court takes into account in determining the settlement award. If the injuries that were sustained were moderate in nature the award will normally be somewhat less than if the injuries caused permanent damage or disability.

It is not only the extent of the injury but also the consequences as they can be just as important. The settlement may be influenced by the expenses the plaintiff had in pursuing the case or the expenses of the medical malpractice attorney in Chicago who sued on the plaintiff’s behalf. There are also medical expenses to consider as well as lost wages or company profit as well as pain and suffering.

Punitive damages are often awarded on top of actual damages. Punitive damages will be awarded in cases where it has been proven that the injury was caused by extreme or willful negligence, the additional award is given as punishment for the actions of the guilty party.

If you are the victim of medical negligence in Chicago, call Bizzieri Law Offices today at 773.881.9000.

 

 

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