Illinois Misdiagnosis Attorney
When doctors were in medical school, if they made an 80 percent (a B) in a course, that was not just a passing grade. In many cases, it might have been one of the highest grades in the class. But the real world is not like medical school. That same 80 percent score, which is the overall diagnosis accuracy rate in the United States, is a failing grade. Patient health and safety is indirectly at stake in medical school. Students are there to learn the tools they need to take care of these matters. But patient health and safety is directly at stake in medical diagnosis matters. Therein lies the difference.
Lack of information usually causes misdiagnosis. Even at relatively small clinics, doctors have access to almost unlimited technology, beginning with state-of-the-art diagnostic tests. But many doctors don’t take full advantage of these resources. Instead, they only order a few tests so they can confirm what their gut feelings already told them. Additionally, doctors are so busy that they rarely research unusual patient conditions. Instead, they apply the most likely diagnosis. Alas, the most common diagnosis is often not the correct one.
In contrast, when it comes to your claim for damages, a diligent Illinois misdiagnosis attorney at Wais, Vogelstein, Forman, Koch & Norman always relies on solid evidence. Victim/plaintiffs have the burden of proof in court, which means they must establish key points by a preponderance of the evidence. Additionally, the evidence must be strong enough to refute some common insurance company defenses. This slow and steady approach is the best way, and often the only way, to obtain maximum compensation for your serious injuries.
Evidence in Medical Malpractice Claim
A preponderance of the evidence means “more likely than not.” That’s one of the lowest burdens of proof in Illinois law. Usually, the evidence in a misdiagnosis case involves the standard of care and a lack of care.
Typically, a medical expert establishes the standard of care. Typically, this standard requires a thorough patient consultation, certain diagnostic tests, accurate evaluation of the results, and follow-up based on those results.
During patient visits, it is relatively easy to tell when a doctor is genuinely concerned about the patient’s welfare and when a doctor is going through the motions, simply based on the interaction between the two. The standard of care requires genuine concern. Similarly, the standard of care requires certain tests in certain situations. The doctor cannot administer more or fewer tests.
When doctors obtain the results, they must carefully examine them. They cannot skim them, delegate these tasks to less-qualified professionals, or only look for evidence that supports their assumptions. Finally, certain test results demand certain actions. If a doctor fails to follow the standard of care in this area, that’s evidence of negligence.
Resolving a Medical Malpractice Claim
Only a few negligence claims go to trial. Almost all of them settle out of court. These resolutions give victim/plaintiffs more control over the outcome and hasten the end of a case. A trial, which is usually an emotional courtroom showdown, does not feature these benefits.
Rather than preside over a trial, most Cook County judges appoint mediators in these cases. A mediator, who is usually an unaffiliated Illinois misdiagnosis attorney, presides at a settlement conference. Because both sides have a duty to negotiate in good faith, mediation is usually successful.
Contact a Savvy Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced Chicago misdiagnosis attorney, contact Wais, Vogelstein, Forman, Koch & Norman by going online or calling 410-567-0800. We do not charge upfront legal fees in these matters.