Illinois Delayed Diagnosis Attorney
Most athletes know that it’s much easier to win games when your team scores first. This same principle applies to medical diagnosis. Promptly diagnosing a condition is one of the most important components of a successful outcome. Accurate diagnosis is important as well. The doctor must use the proper treatment regimen. The medical remedy cannot be too passive or too aggressive.
Prompt diagnosis would seem to be a given. But it is sorely lacking in many cases, mostly due to a lack of information from the start. Many doctors will do almost anything to avoid the dreaded “defensive medicine” label. Therefore, they often do not order a full battery of diagnostic tests. As a result, instead of relying on all available data, they rely on their instincts. Physician instincts are usually finely tuned after years of experience. But gut feelings cannot substitute for scientific information.
In contrast, the experienced Illinois delayed diagnosis attorneys at Wais, Vogelstein, Forman, Koch & Norman use well-established methods in every case we handle. These methods include comprehensive fact investigations, thorough legal reviews, and perhaps most importantly, a long conversation with you, so we can determine your needs and goals. As a result, we are usually able to obtain settlements and judgments that exceed our clients’ expectations in every way.
Most people are familiar with the duty of reasonable care. This legal responsibility level is based on the Golden Rule (do unto others as you would have them do unto you) which many schoolchildren once memorized. In our everyday world, motorists must drive defensively to avoid accidents and landlords must clean wet spots to avoid falls.
Doctors are in a different category. They have a significant amount of education, training, and experience in the healthcare area. Comparatively speaking, most patients have almost none of these things. Because of this inequality, a duty of reasonable care is not high enough.
Therefore, most physicians have a fiduciary duty under Illinois law. They must bring all their education, training, and experience to bear in every decision they make. Drivers can occasionally go through the motions and landlords usually have some time to clean up wet spots. But doctors have little or no margin for error.
This high duty of care also applies to other professionals, such as accountants, financial planners, and Chicago delayed diagnosis attorneys.
Compensation is available if a victim/plaintiff establishes negligence, which is a breach of the duty of care, by a preponderance of the evidence. Usually, a medical malpractice claim hinges on three kinds of evidence.
An independent, highly-qualified doctor usually establishes the standard of care in a medical negligence claim. Different jurisdictions have different rules as to who qualifies as an expert witness. Second, the medical records, including medical bills, usually establish the care the patient did, or did not, receive. These records often include useful treatment notes. Finally, lay witnesses, such as friends and family members, cannot testify about the medical mistake. But they can testify about the effects of this mistake.
Count on a Dedicated Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced delayed diagnosis attorney in Chicago, contact Wais, Vogelstein, Forman, Koch & Norman by going online or calling 410-567-0800. After-hours, home, virtual, and hospital visits are available.