Firm partners Brian Hurst and Thomas Boleky have over 50 years of combined medical malpractice experience and have achieved over$100 million in verdicts and settlements for our Chicago-area clients. We understand what it takes to effectively represent and win these types of cases. We are committed to each case we take. Unlike a large impersonal firm, you will know who your attorney is, what the steps are, and how to always be able to get in touch with us, no matter what. We offer decades of acquired knowledge and skill that is combined with an aggressive desire to protect those harmed by negligence.
Understanding The Scope Of Medical Malpractice
Medical malpractice (or medical negligence) is the area of law that deals with compensating people who have been injured because the care and treatment provided by their health care practitioner did not comply with the appropriate standard of care. Medical malpractice can focus on such things as hospital care, nursing care, physician care, podiatric care, dental care, psychiatric care and nursing home care, among others.
A physician is a professional person. A physician commits professional negligence by failing to do something that a reasonably careful physician would do. Negligence also happens when a physician does something that a reasonably careful physician would not do, under similar circumstances. The law requires the determination of whether the physician acted in an acceptable manner. This is a determination that is usually made by a jury and typically involves expert testimony. If a physician or another professional is negligent and a person suffers an injury as a result of that negligence, the law requires that the negligent professional compensate the injured person with monetary damages.
What A Medical Malpractice Case Requires
The presentation of medical malpractice claims, including errors during surgery, typically requires:
- Expert testimony
- Medical exhibits
- Substantial injury or death of a patient
- Actionable professional negligence
Medical malpractice claims, therefore, can be very expensive to prosecute and usually require extraordinary time and resources in order to be successful. At HURST BOLEKY LLC, we maintain and apply strict standards in evaluating potential cases.
We have the deep and essential knowledge and understanding of both the medical issues and processes needed to effectively communicate with expert witnesses. We can therefore readily evaluate whether or not a potential client has a claim worth pursuing. Once your case is accepted we cross-examine medical defendants and experts hired by the defense, to discover relevant and important facts, and, ultimately, to present your case to a jury. Not every case goes to trial. In some instances, the facts are so obvious and the harm so egregious that the other party settles to avoid unwanted negative publicity.
Why Expert Witnesses Are Necessary
In presenting any personal injury case, and especially with medical negligence and birth injury cases, it is important to consult with expert witnesses who are highly qualified, highly trained and highly respected. In medical negligence cases, there is a requirement that the case needs to be proven through expert testimony. Therefore, it is important to consult with medical professionals who are truly experts in their field regarding whatever condition or treatment is at issue in the case.
An expert who does not have the credentials or the credibility to stand-up to aggressive cross-examination cannot support a claim for malpractice. In presenting a malpractice case from the plaintiff’s perspective, it is critical that the expert witness is beyond reproach since it is the plaintiff who bears the burden of proof.
We routinely consult with world-renowned experts in the particular specialty at issue in each case. We have consulted expert witnesses from across the country and around the world. We will spare no expense in consulting with expert witnesses to support our client’s claim. With decades of experience in medical malpractice, we know which type of medical testimony is needed in each case. We call upon our extensive knowledge of medical issues in order to intelligently discuss our cases with our chosen experts.
How Medical Exhibits Are Used To Tell Your Story
In presenting any personal injury case, it is the plaintiff who bears the burden of proof. Therefore, it is the plaintiff who must explain the issues in the case to the jury in a manner in which the jury can understand and appreciate. In order to do this, we often use medical illustrations and other medical exhibits such as models and computer animations in order to present our client’s case to the jury.
Medical exhibits, such as illustrations, models and animations are known as demonstrative evidence. There must be both a basis in the record for the illustration, model or animation, and there must be testimony authenticating the exhibit. We work closely with our medical illustrators and animators as well as with our expert witnesses in order to develop medical exhibits that are both admissible at trial and persuasive to the jury.
Find Out How We Can Help Your Medical Malpractice Claim
If you have a potential medical malpractice claim, we’d like to speak with you. We know you have questions. Get the answers you need and find out how we can help in a free initial meeting or phone call. Call 312-346-6800 or send us an inquiry email, and we will respond personally. Protect your rights. Contact an established Chicago medical malpractice attorney as soon as possible.