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Medical Malpractice Cases - Screening Process

Medical malpractice cases are among the most expensive to bring and difficult to win. Nationwide, including Illinois and Cook County, the defense prevails in medical malpractice trials almost 80% of the time. For this reason alone, the screening process that determines what cases should be pursued through a lawsuit is critical to the likelihood of ultimate success through either settlement or a favorable plaintiff’s verdict.

Nationwide, including Illinois and Cook County, the defense prevails in medical malpractice trials almost 80% of the time. For this reason alone, the screening process that determines what cases should be pursued through a lawsuit is critical to the likelihood of ultimate success through either settlement or a favorable plaintiff’s verdict.

Screening medical malpractice cases should be done by an attorney or attorneys with extensive experience in such cases to determine if the case merits going forward. It should consist of a thorough analysis of the medical records during which time the attorney needs to look for evidence of a deviation from accepted medical practice as well as a connection between the negligence and the injury. A determination then needs to made as to whether or not to go forward with an expert’s review. In Illinois, before you can even file a lawsuit, you have to have a doctor who’s licensed in the same school of medicine as the potential defendant review all the records and say that there is a potential for a meritorious cause of action.

At Corboy & Demetrio we are blessed with a group of trial lawyers that devote the huge majority of their practice to the representation of patients injured by negligent medical care. Our rate of success in obtaining compensation for our clients is significantly higher than the plaintiff’s bar in general. Collectively, we have over 120 years of experience in medical litigation. Our group of lawyers, aided by two nurses who work for the firm full time, review cases that could potentially have merit. This process involves an exhaustive analysis of the medical records, determining a medical chronology and identifying issues. In a roundtable format, we present the cases for review by the group as a whole and look for evidence of a deviation from accepted medical practice and a causal connection between the negligent care and the injury. It is only after we have been through this process that we determine whether to go forward with an expert’s review to see if a well qualified physician finds substandard care as well.

We set the bar very high as we strongly believe that pursuing cases that do not truly have merit serve neither the interests of justice, our clients nor the medical profession. However, if we and our consultants agree that medical negligence did indeed injure our client, we will pursue the case vigorously. In every case that we file, we go "all in" by retaining well respected experts, determining the facts and relentlessly pursuing justice for the client.

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Corboy & Demetrio
33 N. Dearborn Street
21st Floor
Chicago, IL 60602