Admissability of Expert Testimony in Illinois Personal Injury Cases

The admissibility of expert testimony in Illinois is largely subject to the standard of "general acceptance" set forth in Frye v. United States, 293 F. 1013 (D.C.Cir.1923).  The methodology used by an expert must be sufficiently established to have general acceptance in the field to which it belongs.  General acceptance does not require unequivocal acceptance, and the existence of a dispute over a particular methodology will not preclude admissibility.  Rather, general acceptance takes into account whether there is consensus or controversy as to whether a methodology is relevant.

At The Law Offices of Adam J. Zayed, P.C. we provide representation to people who have been seriously injured.  Our attorneys represent people who have been injured due to medical malpractice.  If you suspect that you or a family member have been injured because of medical malpractice, contact an attorney at The Law Offices of Adam J. Zayed, P.C. in order to schedule an appointment to discuss your case.

About Medical Malpractice and an explanation of why it is alright to pursue a remedy if you have been wronged.

We place a huge amount of trust in our doctors. When everything goes smoothly, we praise our doctors.  When something goes wrong with treatment from a doctor, it is common to feel alienated and lost.  The solution to this problem may not be immediately apparent.  In the event of medical malpractice, it is important to solicit the expertise of a medical malpractice attorney in order to protect your rights.

Medical malpractice occurs when a doctor or healthcare provider fails to do something that a reasonably careful doctor or healthcare provider would do.  Medical malpractice also occurs when a doctor or healthcare provider does something that a reasonably careful doctor or healthcare provider would not do.

We trust that we will receive the best treatment possible from our doctors. But it is an unfortunate certainty that not everyone gets the treatment they deserve.  For this reason, a case of medical malpractice can be very unsettling. A medical malpractice lawyer will take the steps necessary to determine whether a doctor has committed medical malpractice by not complying with the requisite standard of care.

Medical malpractice goes beyond mistake or a bad result, medical malpractice is a serious deviation from what is reasonable. However, it is not always absolutely clear when medical malpractice has occurred.  Patients are at a significant disadvantage in the event of medical malpractice. Patients simply do not have the medical expertise to analyze their situation.  Patients may not even know all the facts.

If you suspect that you or a loved one has suffered from medical malpractice or some form of negligence on the part of a healthcare provider, it is crucial that you contact a Chicago medical malpractice lawyer at Law Offices of Adam J. Zayed, P.C.

Why should you should retain a personal injury attorney? (Part 1)

Insurance companies have spent billions of dollars lobbying congress to enact tort reform legislation.  These companies have given many rationales for enacting tort reform laws.  One of the main rationales is to keep medical costs low.  The logic is that if payouts for damages in personal injury and medical malpractice claims are kept low, medical costs will also be kept low benefiting society at large.

However, insurance companies are not neutral parties in this equation.  Insurance companies are interested in keeping recoveries for personal injury claims low, so that their profit margin on each insurance premium stays high.  Insurance companies are for-profit institutions after all.

Insurance companies don't want people to retain personal injury attorneys.  In fact, studies made by insurance companies have shown that "attorney involvement is associated with a 64 percent increase in the average claim size." This is one reason hiring a personal injury attorney is important.  It is essential to retain an advocate who will fight for your rights and your interests, without ulterior motives.

Medical Malpractice Law Ruled Unconstitutional by Illinois Supreme Court

On Thursday, February 4, 2010, the Illinois Supreme Court struck down a law that limited damages awarded to victims of Medical Malpractice.  The law in question was signed into place in 2005 by former Governor Rod Blagojevich. and limited recoveries for pain and suffering and other non-economic damages to $500,000 in cases against doctors and $1,000,000 against hospitals.

James Rohack, president of the American Medical Association claimed: "Today's court decision threatens to undo all that Illinois patients and physicians have gained under the cap, including greater access to healthcare, lower medical liability rates and increased competition among medical liability insurers."  Despite this entreaty, the $500,000 and $1,000,000 recovery caps mentioned above did not adequately compensate all patients who receive negligent treatment.

While the debate goes on in Springfield as to whether lawsuits affect the quality and costs of medical care,  on a case by case basis, it is now in the jury's hands to decide the proper damages against doctors and hospitals.  This is because the Illinois Supreme Court held this decision should be in the jury's hands rather than lawmakers:

"The law violates the state's separation-of-powers clause between the branches of government by allowing lawmakers to interfere with a jury's right to determine damages."

http://www.chicagotribune.com/business/ct-biz-0205-malpractice-doctors-20100204,0,1406171.story