After decades of experience helping local families, our Illinois medical malpractice attorneys are very familiar with the many ways that a few negligent doctors and their insurance companies seek to avoid compensating victims for their losses. There is usually a prolonged fight that some of those involved put up in order to delay being held responsible in any capacity. Even when a decision in a medical malpractice lawsuit is finally reached, it often takes continued targeted legal work before the actual judgment award reaches the victims who need it. The stalling sometimes begins at the very beginning, when negligent medical providers and their insurers try to defeat a suit at the earliest stages. Occasionally these providers will file a "motion to dismiss" after a complaint is filed by a victim. This motion usually seeks to suggest that the claim filed is without merit. At that same time they may also claim that certain procedural rules were not followed in an attempt to get the suit thrown out of court. Often, when that is not successful, defense attorneys sometimes attempt to delay the legal process during the "discovery" phase. This is the time when both sides seek to collect as much information as they can about the situation in order to prove a case. Unfortunately, some defense teams seek to use this time to delay the process even further and draw out the length of time that it takes for a family involved to ultimately reach a resolution. Often those involved believed that if they draw the process out, the other side will become tired with the process and settle the case for lower than might otherwise be fair. Surprisingly, even after most of the legal issues in a matter are resolved and a verdict is reached, the defendants often still draw out the processes, keeping victims from receiving the compensation that they have been awarded. For example, a story this weekend from the Tribune Today described how one family was still waiting to collect after being awarded $9.7 million following their filing of a medical malpractice lawsuit. The verdict in the case was reached last fall in favor of the family who young child suffered a traumatic brain injury during her birth. The family successfully argued that the involved doctor's failure to perform a timely Caesarean section caused oxygen deprivation which ultimately led to the injury. The girl, now 11 years old, suffers from cerebral palsy as a result. Unfortunately, the family has yet to receive any compensation, because of legal wrangling and disagreement on the part of the insurer's attorneys.
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