Medical errors affect countless people every day, but proving negligence in a medical malpractice case can be challenging. What if the doctor acknowledges the mistake? While rare, such admissions do occur, and they can sometimes speed up the resolution of injury cases. However, a doctor’s acknowledgment of an error doesn’t automatically establish legal liability for medical malpractice. In Chicago, there are many factors that influence the outcome of a case. Even with an admission of error, it doesn’t always lead to compensation for the injured party. Understanding the nuances of medical malpractice law is crucial for those seeking justice.

If a doctor’s error caused you harm, a medical malpractice lawyer at our law firm can help you get full and fair compensation. Call Ankin Law at 312-600-0000 so we can evaluate your case.

Statistics on Medical Malpractice Cases in Illinois

Many studies have designated medical errors as the third-leading cause of death in the United States. However, the exact frequency of errors is tricky to estimate because there are so many different types of mistakes, and not all of them are reported. The outcomes can vary greatly, too. Some patients experience no harm, while others die.

The Illinois Department of Financial and Professional Regulation indicates that thousands of malpractice claims are filed every year in the state. As would be expected, they vary widely in terms of severity and outcomes.

The average medical malpractice lawsuit takes 3.5 years to resolve in Illinois. From 2010 to 2022, the state had 5,062 medical malpractice payments for more than $2.4 billion. It was one of five states accounting for almost 52% of payments totaling more than $1 million.

In 2020, there were 139 closed claims with an indemnity payment. In total, 19.5% of claims had an indemnity payment, and the total amount of claims was $72,763,599. The average indemnity per claim was $523,479.

The medical category, “Other,” had the highest percentage of closed claims with an indemnity payment, at 30.83%. General/family practice had a 13.23% rate, while internal medicine had 12.64%. Other categories with a notable percentage of claims included general surgery, obstetrics and gynecology, orthopedic surgery, emergency medicine, anesthesiology, cardiovascular diseases, and radiology.

For medical malpractice claims in general (across all 50 states), females 40 and older are the most likely demographic to file.

  • Male doctors are more likely than female doctors to be sued (42 claims per 100 female doctors; 75 claims per 100 male doctors).
  • White patients (compared with black patients) are more likely to file malpractice reports and claims.
  • Patients who live in rural areas tend to get lesser-quality care than those in more populated areas.

There seem to be no statistics on what happens if the doctor acknowledges the mistake.

What Is the Legal Significance of Doctors Acknowledging Their Mistakes?

What if a surgeon makes a mistake and admits it? Admitting a mistake, by itself, does not prove negligence. In other words, being held liable for medical malpractice does not automatically follow when a doctor admits an error. To succeed in medical malpractice claims, patients must prove several elements.

One is that a doctor-patient relationship existed (that the doctor owed patients a duty of care). Another is the doctor’s negligence and breaching the duty of care. To be held liable for medical malpractice, the doctor must have failed to meet the standard of care that a competent doctor would have under similar circumstances.

Further, the negligence must have caused harm to the patient. For example, it must have directly caused injury or worsened the patient’s condition. Lastly, patients must prove that the harm caused by the medical professional led to damages, such as medical expenses, lost income, or pain and suffering.

Of course, a doctor in Chicago admitting a mistake can make it easier to establish the doctor’s negligence. However, patients should never take it for granted that the doctor is legally responsible for all the resulting harm. Insurance companies often dispute the extent or severity of the harm and may argue that the patient’s condition would have worsened anyway or that the patient would have suffered injuries regardless.

Doctors acknowledging errors can have an impact on the doctor-patient relationship. With some patients, such admissions could lead to more trust and transparency. Patients may even feel the desire to continue seeing the doctor. Meanwhile, other patients may lose faith in the doctor and consider filing a malpractice lawsuit (if they had not been already).

Patients who have suffered injuries while receiving medical care frequently ask, “Can I get a second opinion if I suspect medical malpractice?” Getting the perspective of another medical professional may confirm whether the original doctor’s actions were truly negligent, or whether the harm you suffered may have been unavoidable.

How a Medical Malpractice Lawyer in Chicago Can Help You

If you believe a doctor’s mistake caused you harm, getting legal advice from a lawyer for medical mistakes cases is vital. Proving negligence requires in-depth knowledge of both medical and legal concepts, even if the doctor admits the mistake.

Investigate Your Case and Establish That Malpractice Occurred

A skilled medical malpractice lawyer investigates your case to determine the validity of your claim. This involves reviewing medical records, consulting with medical experts, and gathering evidence to establish that the doctor failed to meet the standard of care. The lawyer tries to show that the doctor’s actions directly caused harm.

Also, Illinois law requires that a malpractice complaint be filed alongside an affidavit from a qualified medical professional who can attest to the merits of the case. This process cuts down on frivolous lawsuits.

Evaluate the Value of Your Claim

The next step a lawyer takes is determining the value of your claim. This includes calculating economic damages such as medical bills, lost income, and the cost of future care. Non-economic damages, such as pain and suffering, are subjective. However, they can significantly add to the total compensation. Illinois has no formal cap on medical malpractice claims, but insurance companies try to minimize these damages.

Important factors that come into play when a lawyer evaluates non-economic damages include the severity of the injury and its impact on daily life. For example, more severe or permanent injuries usually result in higher awards for non-economic damages.

Lawyers also assess how the injury affects the client’s ability to perform day-to-day activities. Damages are likely to increase if the client cannot enjoy life or hobbies, work, or family activities like he or she did before the injury.

The duration of suffering is a major consideration. Long-lasting or permanent injuries typically mean higher noneconomic damages. Lawyers can get medical professionals to testify about the extent of the injury, the prognosis for recovery, and the emotional toll. This testimony helps make the case for noneconomic damages.

In some cases, lawyers use a “multiplier” method to help them estimate the value of noneconomic damages. This involves multiplying the total economic damages by a number, usually between 1.5 and 5. The specific number depends on the severity of the injury and other factors. Another common approach is the “per diem” method. Lawyers assign a specific dollar amount for each day the plaintiff suffers from the injury until he or she reaches maximum recovery.

Negotiate Settlements

Most medical malpractice cases in Illinois settle rather than go to trial. A malpractice lawyer represents your interests in settlement negotiations and checks that any settlement offers reflect the true extent of your damages.

Also, even if doctors acknowledge their mistakes, the insurance company is still likely to fight to reduce financial liability. The insurance company wants to protect its bottom line, even if it means settlement offers do not provide you with fair compensation. This is another reason having an experienced attorney in your corner is important.

Illinois medical malpractice law uses comparative negligence, and this structure encourages many insurance companies, doctors, and other defendants to try to blame injured, struggling patients for their harm. According to the law, if the patient is 50% or more responsible, he or she cannot be awarded malpractice damages. If the patient is, say, 20% responsible, his or her award can be reduced by this percentage of fault.

Litigate Your Case

If a fair settlement is not possible, the case goes to trial. Chicago medical malpractice trials can be complicated and involve medical expert testimony on both sides. A lawyer prepares you for what to expect and works to present the case.

Understand the Statute of Limitations

In Illinois, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date of the injury or from the date you became aware, or should have become aware, of the injury. Many exceptions apply, and a lawyer may see a way forward for your case when you thought the statute of limitations had expired.

A lawyer can also make sure you file what you need to on time and do not accidentally let the statute of limitations expire. Contact us at Ankin Law as soon as possible for a free consultation to discuss your medical injuries.