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The Importance of Uninsured and Underinsured Motorist and Medical Payments Auto Insurance Coverage

Post author By Brent Beeman
Post date March 5, 2019
Categories In Car Accidents, Personal Injury

Whether signing up for new auto insurance, adding a new vehicle to your policy, or renewing an existing policy of auto insurance, consider two coverage options that can help you if you are in a car accident: Uninsured and Underinsured Motorist Coverage and Adequate Medical Payments Auto Insurance Coverage.

These policies can add extra protection for you from uninsured drivers, and can help you if you do not have health insurance or have high deductibles for their health insurance.

Let’s look at these individually, starting with what’s required in Illinois.

Minimum Liability Insurance Requirements in Illinois

Illinois law provides that no auto policy arising out of the ownership, maintenance or use of a motor vehicle that is either registered in Illinois or principally garaged in Illinois vehicle can be renewed, delivered or issued unless uninsured and underinsured motorist coverage is included in an amount equal to the insured’s liability limits, unless specifically rejected by the insured, 215 ILCS 5/143a-2 (2018 State Bar Edition).

Despite the high cost of medical care and vehicle replacement or repairs, the minimum liability insurance requirements in Illinois are only $25,000 as a result of injury or death to one person, $50,000 as a result of injury or death to two or more persons, and $20,000 as a result of damage or destruction of property in any one motor vehicle crash, 625 ILCS 5/7-203 (2018 State Bar Edition). Obviously, these minimum insurance requirements can be woefully inadequate even for moderate collisions. Uninsured and underinsured motorist coverage is usually not all that expensive to add to your policy and is worth the peace of mind it brings.

One of the most important things you can do for you and your family is to purchase adequate uninsured and underinsured motorist coverage.

The Cost of Car Accidents

Experience has shown that medical care required as a result of a motor vehicle crash can result in medical bills between $20,000 and $50,000 or even more per person for just one day in a hospital.

In addition to medical care, property damage can be very significant in a motor vehicle crash. Motor vehicles having a value between $50,000 to $80,000, and even more, are now common on our highways.

Why You Need Uninsured Motorist Coverage

When purchasing auto insurance, you may just be looking to comply with minimum insurance requirements and protect you and your family from financial harm that could result if you are the at-fault driver in a motor vehicle crash. But that may not be enough.

Unfortunately, we often see this scenario: the at-fault driver is either uninsured or underinsured. The not-at-fault victim of the crash doesn’t have additional uninsured and underinsured motorist coverage on their own policy. He or she sustained an injury, expense, and/or property damage in a crash.

It is always disheartening to see this, because the typical uninsured or underinsured driver often does not possess sufficient assets to pay a substantial claim even if a judgment is obtained against them.

Doctors and hospitals do not render care or base their billing statements on who is at fault in an auto crash. They will demand, and are entitled to, reasonable compensation for their services if they treat you, regardless of who may ultimately be determined to be at-fault for the crash.

How To Protect Yourself From Uninsured Drivers

One way you can protect yourself and your family from financial hardship caused by an uninsured or underinsured driver is to insure yourself and your family to the same extent and with the same coverage limits for uninsured motorist and underinsured motorist coverage as you insure against liability to other persons who you may injure or cause property damage as a result of your driving errors.

Ask your insurance agent about adding this to your policy if your existing insurance policy includes uninsured or underinsured coverage in an amount equal to your liability coverage (you have to specifically request such coverage).

One of the most important things you can do for you and your family is to make sure your auto insurance covers uninsured and underinsured motorists.

What is Medical Payments Coverage?

Another coverage that can be very important, especially for those without health insurance or those with high deductible health insurance plans is “Medical Payments” coverage.

This is somewhat unusual coverage. Unlike “liability” coverage or “uninsured motorist” coverage or “underinsured motorist” coverage, medical payments coverage pays for the reasonable medical expenses for those in your vehicle who are injured in a crash, up to the limit of coverage you have purchased, regardless of who was at fault.

Medical payments coverage pays for the reasonable medical expenses for those in your vehicle who are injured in a crash up to the limit of coverage you have purchased regardless of who was at fault.

Why You May Need Medical Payments Coverage

Often, liability for a crash can be disputed even in rather obvious rear-end or intoxicated driver type collisions.

Since the insurance company for the driver who appears to be at-fault has no obligation to pay anything unless and until there is either an agreed settlement or a final judgment, it can be many months or perhaps even years before payment is made on a liability or an uninsured or underinsured motorist policy.

This is where the “pay regardless of fault” aspect of “Medical Payments” coverage can keep your credit rating intact and the debt collectors at bay should liability of the crash event be disputed or contested.

Talk to Your Insurance Agent

In order to determine the appropriate amount of liability, uninsured, underinsured and medical pay coverage for you and your family, our personal injury attorneys at Wolter, Beeman, Lynch, & Londrigan suggest that you discuss the benefits and costs with a trusted insurance agent. Contact us for more information or a free case consultation.

Evaluation of Medical Malpractice (Negligence) Claims

Claims of medical malpractice, or medical negligence, arise when an individual believes that his medical care, by a hospital or physician, has fallen below that standard of care generally accepted by the community where that care was received. However, the fact that a patient may have experienced less than an optimum outcome to a given surgical procedure, or suffered with consequences associated with that procedure, does not itself give rise to a claim of medical negligence. Rather, the result complained of by the patient must be outside or beyond those risks commonly associated with the procedure, or suggest an error by the physician which a reasonably prudent physician under similar circumstances would not have made.

Medical malpractice actions are commonly both expensive and difficult to prove. Every medical procedure carries with it some risk of an adverse outcome. Doctors and hospitals commonly argue that they did everything in their power to properly treat the patient; that any problem encountered by the patient is not the result of an error on their part, but rather the result of a risk inherent in the procedure. The burden of proof is on the patient (not on the doctor or hospital) to prove his or her claim of medical error. If the jury is confused as to whether the injury was the result of a medical error, they generally hold in favor of the doctor or hospital. Juries often have difficulty determining what medical expert to believe and are suspicious of experts paid by either party for the purpose of attending the trial and giving testimony. As a result, subsequent treating physicians, (those who have treated the patient after the medical injury), who have not been retained or paid to testify, but rather have been asked by the patient to offer a second opinion as to the cause and course of treatment, often carry great weight with the jury. We often advise our clients that before proceeding with a medical malpractice cause of action, they first seek a second opinion of their condition from another physician outside the area where they were treated by the first physician; usually St. Louis or Chicago. These physicians are usually not as reluctant to agree that medical errors have been made, as local physicians may be. However, these physicians are often reluctant to get involved in the patients treatment for fear of becoming involved in litigation.

Unlike other types of legal causes of action, before one can file a complaint against a hospital or physician for medical negligence, that individual must first obtain a Certificate of Merit from a medical expert in the same field as the doctor against whom he or she wishes to file their Complaint. 735 ILCS 5/2-622(a)(1)(West 2016) requires that every Plaintiff alleging medical, hospital, or other healing art malpractice, must attach to his or her complaint an affidavit stating that the person swearing to an affidavit has consulted with a healthcare professional, in who’s opinion there is a reasonable and meritorious cause for the filing of the complaint. Additionally, the Plaintiff must attach a written report of the healthcare professional, attesting to the basis of this determination. Although there are limited exceptions to this mandate for extensions of time, the failure to adhere to this statute gives grounds for a defendant to seek a dismissal of the complaint if the Certificate of Merit is not timely provided.

Section 2-622(a)(1) is designed to screen and deter frivolous or non-meritorious medical malpractice claims. This Certificate of Merit must recite that the reviewing expert has reviewed the medical records of the Plaintiff as treated by the hospital or physician of concern, and has determined that the hospital’s or physician’s care of that patient deviated from the standard of care applicable to that community. Therefore, when first investigating the potential existence of a medical malpractice claim, the Plaintiff and his attorneys must first obtain all the medical records relevant to the procedure or issue of concern. Thereafter, an appropriate medical expert must be retained to review these records and issue an opinion as to whether a deviation from the standard of care exists. These experts commonly expend many hours reviewing the medical records and writing up the reports necessary to substantiate a claim against the hospital or physician. These experts commonly charge hundreds of dollars per hour for their services, and the initial Certificate of Merit alone can cost several thousands of dollars to obtain. There is also no guarantee that after spending the money necessary for a review of the medical records, that the expert will agree an error has been made. Medical issues are often complex and it is difficult to determine whether an error in treatment has caused an injury serious enough to give rise to a cause of action. Accordingly, attorneys are not generally in a position to determine the merits of a medical negligence claim until the medical records have been reviewed by an independent medical expert and a Certificate of Merit has been obtained. As a result, the potential Plaintiff is commonly asked to advance those sums necessary to secure the Certificate of Merit and confirm that a valid cause of action exists.

The costs associated with a medical negligence claim do not end at the creation of the Certificate of Merit. Rather, all of the physicians who rendered care to the Plaintiff must have their records subpoenaed and their testimony provided by deposition. Furthermore, medical experts are commonly retained to further testify in order to establish a deviation in the standard of care. Most of these physicians will charge in the range of many hundreds of dollars per hour resulting in costs associated with claims of this nature commonly in excess of $50,000.00. However, once a Certificate of Merit has been obtained and the attorney agrees to represent the potential plaintiff, these costs of suit are commonly advanced by the attorney. As a result, the attorney must be very confident that he will be able to establish the existence of medical malpractice, and that the injuries suffered by the Plaintiff because of this medical error justify a jury award large enough to offset the costs and risks inherent in this type of litigation.

Unfortunately, this means that a large number of medical negligence claims are simply not financially feasible to pursue. Even if the Plaintiff and his or her attorney are very confident they can establish a medical error, if the injury caused by that error is not one that would cause a jury to award a very substantial monetary award, the Plaintiff may end up spending more money bringing the suit to trial than the Plaintiff receives by way of award from the jury. These types of lawsuits are so risky and expensive that only very serious medical errors resulting in catastrophic injuries can be pursued. Accordingly, because of the legislative requirements associated with only medical malpractice claims, many medical negligence claims are deemed too financially risky to pursue and most attorneys do not handle these types of claims. However, if you believe you have suffered an injury due to the medical errors of a doctor or hospital, please give our office a phone call as soon as possible to discuss your claim. We will review your concerns with you, answer your questions, and you will not be charged for this consultation. Wolter, Beeman, Lynch & Londrigan, LLP have successfully litigated medical malpractice claims for decades, and have the knowledge and resources necessary to take on the medical industry.

Worker Compensation Basics: Permanent Injury

Male construction worker touches his lower back and winces in pain. If you’ve suffered a work injury, you may be eligible for three benefits available under the Worker Compensation Act:

payment of medical bills
temporary total disability payments
Permanency awards.

Read about payment of medical bills and temporary disability in our blog posts.

Workers’ Compensation: Permanency Awards

The third benefit available to the injured employee is an award or lump sum payment at the end of the case which reflects the worker’s permanent partial disability. The evaluation of permanent partial disability takes into consideration how the worker’s injury has affected his or her work life and ability to perform similar job tasks in the future.

For accidental injuries that occur on or after September 1, 2011, permanent partial disability shall be established using the following criteria:

Work accident (a) A physician licensed to practice medicine in all of its branches preparing a permanent partial disability impairment report shall report the level of impairment in writing. The report shall include an evaluation of medically defined and professionally appropriate measurements of impairment that include, but are not limited to: loss of range of motion; loss of strength; measured atrophy of tissue mass consistent with the injury; and any other measurements that establish the nature and extent of the impairment. The most current edition of the American Medical Association’s “Guides to the Evaluation of Permanent Impairment” shall be used by the physician in determining the level of impairment.

(b) In determining the level of permanent partial disability, the Commission shall base its determination on the following factors: (i) the reported level of impairment pursuant to subsection (a); (ii) the occupation of the injured employee; (iii) the age of the employee at the time of the injury; (iv) the employee’s future earning capacity; and (v) evidence of disability corroborated by the treating medical records. No single enumerated factor shall be the sole determinant of disability. In determining the level of disability, the relevance and weight of any factors used in addition to the level of impairment as reported by the physician must be explained in a written order. (820 ILCS 305/8.1b)

Permanent Partial Disability

In general, permanent partial disability (“PPD”) represents an institutional rather than practical evaluation of the effects that the injury has on the employee. That means that the Commission tries to make consistent assessments and awards for individuals who have sustained similar injuries.

PPD awards are based on losses of specific body parts. (Section 8e) The statute assigns a specific number of weeks of “permanency” to various body parts. For example, an arm is worth 253 weeks of permanent partial disability, a hand is worth 205 weeks, an amputation of the arm above the elbow is worth 270 weeks and a leg is worth 215 weeks.

Some workers’ injuries involve body trunk injuries and include disability caused by trauma to a body part other than those listed in the statute. In the case of a lumbar or cervical injury, for example, the statute does not identify a specific number of weeks associated with that particular defined body part. Rather, those kinds of injuries are based on an assessment of “the person as a whole”. The worker as a whole is worth 500 weeks. The statute also references specific minimal recovery for certain person as a whole awards. (Section 8(d)2)

Most undisputed cases wind up being settled based on a mutually agreed estimation of the award an Arbitrator would give if the case were tried. Most settlements include a specific agreement to pay or resolve outstanding related medical bills and are entered into after the employee has reached maximum medical improvement. If a case is tried, future medical remains open. If open medical is necessary for the client, trial becomes the best approach. On the other hand, if an employee has reached maximum medical improvement and further medical isn’t necessary, the case is ripe for the parties to evaluate the injury, prior Commission awards for similar injuries, and the anticipated results of trial. This process results in settlement in the vast majority of cases.

Alternative Awards

An injury may be so bad that some alternative compensation is necessary. These alternatives include vocational rehabilitation, a wage differential award, or permanent total disability. If a structural steel worker, for example, sustains a cervical injury which prevents him from ever returning to work in construction, it is possible that he may be entitled to vocational rehabilitation. If placed in a lesser paying job, he may be entitled to a wage differential. Workers who can’t earn as much money going forward as they could prior to their injury are entitled to an award for 5 years or until age 67, whichever is later, of 2/3 of the difference between their wage at the time of injury versus their new wage. (Section (d)1)
If the worker can never go back to any job the statute provides for permanent total disability payments which equal 2/3 of the average weekly wage for life for a worker that cannot return to work in a stable labor market. (Sections 8(e)18, 8(f))

Temporary total disability benefits, permanency benefits, and permanent total benefits are based on a worker’s average weekly wage. Under Section 10 of the Act, the average weekly wage is generally defined as the gross average earnings of the worker for the 52 weeks before the injury excluding bonus and overtime divided by 52. There are alternative ways to calculate average weekly wage. For example, in the case of workers who have worked less than 52 weeks, the Statute provides for calculation based on less than a whole year. All benefits aside from medical are calculated based on average weekly wage. (Section 10)

The Act also provides payment of death benefits to dependents of workers’ killed on the job. (Section 7)

Procedure For Filing a Case With the Worker Compensation Commission

A case is opened by filing an Application for Adjustment of Claim with the Workers’ Compensation Commission. There is no filing fee. After an Application for Adjustment of Claim is filed, the Workers’ Compensation Commission assigns a number to the case. The file number then can be used in serving other documents and issuing subpoenas which will be dispositive of the matter.

Medical records can be collected and subpoenaed and witnesses can be compelled to appear for trial. (Section 16) Work-related documents proving or disproving associated issues can be obtained by subpoena. If the case is settled, the file number is used to register a settlement contract with the Commission. This is an important point. A workers’ compensation claim cannot be settled unless a specific document containing specific information is completed, filed with the Commission, presented to an Arbitrator, and specifically approved. This is designed to protect the worker from having rights terminated without appropriate settlement benefits. (Section 23)

Trials can be held in relatively summary fashion. (Section 19(e)) The Act provides for the admission of documents. Deposition testimony can also be introduced into evidence. The Petitioner can testify. Proposed decisions are written for the Arbitrator to consider and the Arbitrator characteristically uses the proposed decisions of both parties to tailor fit a decision to the facts in the case.

Workers’ Compensation Basics

If you’ve been injured at work, you need to know the workers’ compensation basics.

Workers’ compensation is a form of insurance providing wage replacement and medical benefits to employees who are injured or become ill “in the course and scope” of their job.

The Workers’ Compensation Act is a law that provides administrative procedures and remedies for individuals who are injured in the course and scope of their employment. The following is a general description of the very basic provisions of the Act and is intended to offer a broad overview.

(A) Administrative Structure

Under the Act, the rights to compensation and to benefits are determined by an administrative entity known as the Workers’ Compensation Commission. Decisions about compensation and benefits are made by an Arbitrator who sits in the role of a judge or fact finder. The Arbitrator’s decision is reviewable by a panel of Commissioners. The Commissioners’ decision can then be reviewable by the Circuit Court and the Appellate Court if the worker is not a State employee. (Section 19)

(B) Injury or Illness Arising During The Course of Employment

The basic threshold inquiry is whether an employee sustained an injury that arose out of and in the course of employment. Personal risks, or risks that relate strictly to the injured person are usually not compensable. Neutral risks, or risk of injury unrelated to work may or may not be compensable depending on the circumstances. Direct risks are those that arise out of employment. When an employee is injured as a direct result of a risk associated with their job or job tasks, that injury is generally compensable under the Workers’ Compensation Act.

1) Temporary Total Disability Benefits (TTD)

There are 3 benefits to which an injured worker is entitled under the Workers’ Compensation Act. The first is temporary total disability benefits. If an injury keeps an employee from being able to perform his job or job tasks, the employee is entitled to 2/3 of his average weekly wage tax-free until he is returned to work.(Section 8B)

If a worker is returned to work with restrictions and the employer cannot accommodate those restrictions, he is still entitled to TTD or maintenance (Section 8a). If the employer can accommodate restrictions but cannot pay the regular wage, the worker is entitled to temporary partial disability, or 2/3 the difference between what he was making before and what he makes at restricted or limited duty.

2) Medical

The second benefit to which an employee is entitled is to have bills for medical treatment relating to his work injury paid by the employer or the employer’s insurer. (Section 8a) Payments under the Workers’ Compensation Act are made through a Fee Schedule which is designed to limit and control what healthcare providers can charge for those medical services.(Section 8.2)

It is possible for an employee to have his medical expenses paid by an employer-provided healthcare plan, but under Section 8(j) of the Act the employer must hold the employee harmless for any claim to reimbursement or for any co-pay or deductible. Under the Workers’ Compensation Act, the employee is not responsible for any co-pay or deductible and cannot be asked to pay any additional charges by the provider. (Section 8.2)

3) Permanency

A third benefit to which an employee is entitled is some kind of award or lump sum payment at the end of the case to reflect the worker’s permanent partial disability. The evaluation of permanent partial disability is intended to reflect the extent to which the worker’s injury has affected his work life and his ability to perform similar job tasks through his work life.

There are a series of five factors to be considered in assessing permanency under Section 8.1b of the Act. They include things like the age, training, and experience of the employee. They also allow the Commission to consider a medical report giving a numeric value to a physician’s assessment of the employee’s impairment based on American Medical Association Guidelines.

(a) Permanent Partial Disability (PPD)

In general, permanent partial disability represents an institutional rather than practical evaluation of the effects that the injury has on the employee. That means that the Commission tries to make consistent assessments and awards for individuals who have sustained similar injuries.

PPD awards are based on losses of specific body parts. (Section 8e) The Statute assigns a specific number of weeks of “permanency” to various body parts. An arm is worth 253 weeks of permanent partial disability. A hand is worth 205 weeks of permanent partial disability. An amputation of the arm above the elbow is worth 270 weeks. A leg is worth 215 weeks.

Some workers’ injuries involve body trunk injuries and include disability to a body part other than specific things listed in the Statute. In the case of a lumbar or cervical injury, for example, the Statute does not identify a specific number of weeks associated with that particular defined body part. Rather, those kinds of injuries are based on an assessment of “the person as a whole”. The worker as a whole is worth 500 weeks. The statute also references specific minimal recovery for certain persons as a whole award (Section 8(d)2)

Most undisputed cases wind up being settled based on a mutually agreed or projected assessment of an award that an Arbitrator would give if the case were tried. Most settlements include a specific agreement to pay or resolve outstanding related medical bills and are entered into after the employee has reached maximum medical improvement. If a case is tried, future medical remains open. If open medical is necessary for the client, trial becomes the best approach to move forward. On the other hand, if an employee has reached maximum medical improvement and further medical care isn’t necessary, the case is ripe for the parties to evaluate the injury, precedent of Commission awards for similar injuries, and the anticipated or projected results of trial. This process results in settlement in the vast majority of cases.

(b) Wage Differential

In addition to losses to those body parts, an injury may be so bad that some alternative compensation is necessary. These alternatives include vocational rehabilitation, a wage differential award, or permanent total disability. If a structural steel worker, for example, sustains a cervical injury which prevents him from ever returning to work in construction, it is possible that he may be entitled to vocational rehabilitation. If placed in a lesser paying job, he may be entitled to a wage differential. Workers who can’t earn as much money going forward as they could prior to their injury are entitled to an award for 5 years or until age 67, whichever is later, of 2/3 the difference between their wage at the time of injury versus their new wage. (Section (d)1))

Another possibility is that the worker can never go back to any job. The Statute provides for permanent total disability payments which equal 2/3 of the average weekly wage for life for a worker that cannot return to work in a stable labor market. (Sections 8(e)18, 8(f))

Temporary total disability benefits, permanency benefits, and permanent total benefits are based on a worker’s average weekly wage. Under Section 10 of the Act, the average weekly wage is generally defined as the gross average earnings of the worker for the 52 weeks before the injury excluding bonus and overtime. There are alternative ways to calculate average weekly wage. For example, in the case of workers who have worked less than 52 weeks, the Statute provides for calculation based on less than a whole year. All benefits aside from medical are calculated based on average weekly wage. (Section 10)

The Act also provides payment of death benefits to dependents of workers’ killed on the job. (Section 7)

(D) Procedure

A case is opened by filing an Application for Adjustment of Claim with the Workers’ Compensation Commission. That can be done without a filing fee. After an Application for Adjustment of Claim is filed, the Workers’ Compensation Commission assigns a file number to the case. The file number then can be used in serving other documents and issuing subpoenas which will be related to the settlement of the matter.

Medical records can be collected and subpoenaed, and witnesses can be compelled to appear for trial. (Section 16) Work-related documents proving or disproving associated issues can be obtained at trial by subpoena. If the case is settled, the file number is used to register a settlement contract with the Commission. This is an important point. A workers’ compensation claim cannot be settled unless a specific document containing specific information is completed, filed with the Commission, presented to an Arbitrator, and specifically approved. This is designed to protect the worker from having rights terminated without appropriate settlement benefits. (Section 23)

Trials can be held in relatively summary fashion. (Section 19e)) The Act provides for the admission of documents. Deposition testimony can also be introduced into evidence. The Petitioner can testify. Proposed decisions are written for the Arbitrator to consider and the Arbitrator characteristically uses the proposed decisions of both parties to tailor fit a decision to the facts in the case.

If you are injured at work, you have the right to compensation for lost income, medical bills and permanent injury. To get the compensation you need to move forward with your life, you need to hire experienced workers’ compensation attorneys who can get results, such as the team at Wolter, Beeman, Lynch & Londrigan, LLP.

The attorneys at Wolter, Beeman, Lynch & Londrigan, LLP specialize in workers’ compensation and represent clients in Sangamon County Illinois and surrounding areas including Jacksonville, Lincoln, Decatur, and Litchfield. Contact us today to learn more. There is never an attorney fee unless we win your case.

How to Prove Medical Malpractice: the Basics

Are you thinking of suing for medical malpractice? Wolter, Beeman, Lynch, and Londrigan lawyers are here to help. In this post, we will help you understand the basics. Think about whether you situation applies.

In order to successfully pursue a medical malpractice claim, two legal hurdles must be cleared.

1. You must show that there was a violation of the standard of care.

It must be a medical mistake, not simply a difference of opinion regarding diagnosis or manner of treatment.

2. You must prove that the violation resulted in a condition that otherwise would not exist.

These opinions must be provided by a physician who practices in the same field. This requirement does not exist for accountants, architects, lawyers, etc. where no such written opinion is required.

You would think that the second hurdle might be redundant as every error would result in a new medical problem. However, that is not the case.

For example, if a radiologist fails to note the return of a tumor that appears in an x-ray and six months later the tumor has metastasized and becomes fatal, you might conclude that a malpractice case exists. However, if it is a strain of cancer that would have made the same progression even if treated six months earlier, the second hurdle has not been cleared and there is no case to pursue.

Similarly, if a surgeon in a robotic surgery case doesn’t recognize the patient bleeding internally, the condition could quickly become septic and life threatening. However, if a nurse or doctor notes an unexpected change in condition and the problem is quickly resolved, there would be no practical reason to pursue the claim.

No Injury, No Case

The second example raises another issue. Plaintiff’s attorneys can only collect actual damages. We cannot recover for our clients for something that may have happened, but did not. For example, if I leave my office, travel south on Seventh Street and, as I cross South Grand with a green light, a drunk driver traveling 90 miles an hour driving east misses my car by half an inch, he has behaved negligently and criminally, but I have no civil case. He simply missed me. The fact that I would have been seriously injured in half a second does not create a case for damages.

Similarly, if a patient is misdiagnosed, given the wrong medication, undergoes an unnecessary procedure, etc., but the error does not cause a complication or is quickly remedied, there are little or no damages to pursue.

Be Prepared for Expenses

Unfortunately, medical malpractice cases are also expensive to pursue. Because the opinions that are required must be provided by a physician, costs are incurred each time the physician is asked to review records, issue a report, give a deposition or testify at trial.

Illinois attorneys who handle medical malpractice cases must not appear that they are encouraging or financing lawsuits. As a result, the client must pay these out-of-pocket expenses and, therefore, weigh the potential financial return versus the cost of litigation. Many medical errors are not pursued for this very reason.

Justice Through Professional Regulation

If an individual believes that a healthcare provider has made a mistake but for one reason or another it is not practical to initiate civil litigation, there is another option. The Illinois Department of Financial Institutions and Professional Regulation) investigates allegations of medical errors.

Though the Department cannot do what my firm does, which is attempt to collect civil damages, it can withdraw the license of the healthcare provider if it believes it is so warranted.

Our Take on Proposed Medical Malpractice Reform

You often hear about the need for medical malpractice reform. Physicians groups, politicians, and the U.S. Chamber of Commerce say that lawyers filing “frivolous” lawsuits increase the cost of medical malpractice insurance.

That’s simply not true for these reasons:

Plaintiff’s attorneys have absolutely no financial, professional or emotional reason to pursue a frivolous case.

In fact, the incentives are just the opposite. These cases are handled on a contingent fee, meaning we don’t get paid unless you settle or win your case.

Medical litigation is expensive, and we understand the substantial time and cost to pursue these cases. Plus, because of physicians can receive statutory financial relief, meaning the potential finances recovered will be reduced. There is absolutely no reason for an attorney to bear the expense of a meritless claim.

One of the ironies related to this issue is that it is attorneys, not doctors, who spend time and money weeding out frivolous cases. For every claim pursued, there are twenty that are not. This does not mean that the other twenty cases are without merit. Many of them are not pursued simply because the potential damages do not justify the projected cost of pursuing the claim.

2. An experienced physician’s report verifies the claim

As previously noted, if you want to file a complaint against a healthcare provider, the state of Illinois requires that you obtain a written report from a licensed, experienced physician. That physician must conclude that malpractice has occurred and that the plaintiff has suffered injury as a result.

If a qualified physicians believes the claim has merit, the suit cannot be “frivolous.”

Of course, the doctors’ defense attorneys will say the claim is without merit. Illinois judges have the right and obligation to do so. Sanctions can even be applied if the court believes that a party is abusing the system.

Frivolous malpractice cases are not a cause of increased insurance premiums.

Attempts to amend the civil justice system as it applies to health care providers are misdirected. What doctors and their insurers do not want to pay are the damages awarded by a jury of their peers following a trial with evidence presented. No insurance company responds to a frivolous claim by writing a check.

An experienced malpractice lawyer will help you determine if your case has merit to move forward to a lawsuit and avoid the possible stigma of a “frivolous” lawsuit.

Are you In Need of a Medical Malpractice Attorney?

It’s difficult to determine whether or not you have a valid medical malpractice claim. With over 145 years of combined experience in the state of Illinois, Wolter, Beeman, Lynch & Londrigan, LLP is uniquely qualified to help you in pursuing your medical malpractice litigation. We never charge for a consultation. Give us a call at 217-753-4220 and we can discuss options regarding your claim.