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Chicago Med Mal Attorneys / Illinois Failure To Diagnose Stroke Attorney

Illinois Failure To Diagnose Stroke Attorney

Many people believe that a stroke is a one-time medical emergency, like a medical device error. But strokes have a number of long-term consequences. Stroke victims usually have communication  problems. They must often learn to speak and write again. The memory and visual perception areas of the brain are usually injured as well. Other chronic effects include emotional functionality and changes in personality.

Despite the present and future dangers of strokes, as far as many doctors are concerned, strokes only affect older people. So, diagnosis problems are common, especially in people under 70. The sudden and unexpected stroke-related death of 53-year-old actor Luke Perry in 2019 might change this attitude. However, such incidents are easy for doctors to write off as one-off occurrences which are unlikely to happen again.

In contrast, the experienced Illinois failure to diagnose stroke 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.

Duty

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 failure to diagnose stroke attorneys.

Evidence

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 failure to diagnose stroke attorney in Chicago, contact Wais, Vogelstein, Forman, Koch & Norman by going online or calling 312-993-5750. After-hours, home, virtual, and hospital visits are available.

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