Medical Malpractice Overview

The Medical Malpractice Lawyers
at Elk & Elk Co., Ltd.

Have the Experience, Resources and Proven Track Record to Represent You.

It is a fact more people die annually in the U.S. from medical errors than from freeway collisions, breast cancer or AIDS.

The National Academy of Sciences' Institute of Medicine, acting as a federal advisory panel on medical malpractice, recently reported an alarming increase in the number of medical malpractice claims. The panel's report cited studies placing the death toll due to medical negligence at more than 225,000 victims in the U.S. each year.

The medical malpractice lawyers at Elk & Elk Co., Ltd. have close to 50 years of experience delivering top-notch legal help to the victims of medical mistakes. The team's recent results include a $10 Million verdict in paralysis case and a $9.88 Million verdict for a birth injury claim. Most important, we can provide clear answers to the complex questions behind what happened and why.

When you suspect that the quality of care you or a loved one received has been substandard, let the medical malpractice team at Elk & Elk Co., Ltd. work hard to help you get the compensation you need to recoup your expenses and reclaim your quality of life. Our toll-free line to Elk & Elk Co., Ltd.'s medical malpractice lawyers is available 24 hours a day, seven days a week, and 365 days a year.

Just call us at 1-877-ELK-4-USA for a no-cost, no-obligation medical malpractice consultation or complete our simple online case evaluation form by clicking here.

The medical malpractice division of Elk & Elk Co., Ltd.

What is Medical Malpractice?
Malpractice is a failure to provide reasonable care to patients. Injured patients can pursue a claim to collect the medical costs, wage loss and compensation for pain, suffering and disfigurement. Where malpractice causes the death of the patient, a second claim for wrongful death is available to the family members.
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The Firm of Elk & Elk Co., Ltd.
We represent injury victims. We are committed to employing our vast resources to ensure our clients receive just compensation for all of their injuries.
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Federal preemption: A virtual get-out-of-jail-free card?
Imagine if you were injured - or worse, a loved one killed - by the action- or inaction- of some big, wealthy company. The emotional toll from your injuries alone would be devastating. But what if, on top of that pain and suffering, the federal government said because the actions that hurt you or killed your loved one had been approved by a federal regulatory agency you have no recourse?
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Medical Malpractice - Did You Know the Facts? 

Between 44,000 to 98,000 Americans die in hospitals each year due to preventable medical errors. (Source: Institute of Medicine)

The annual costs to society for medical errors in hospitals are estimated at $17 billion to $29 billion. (Source: Institute of Medicine)

The total amount spent on medical malpractice insurance in 2000 was $6.4 billion at least three to five times less than the Institute of Medicine's estimate of the costs of malpractice to society. (Source: National Association of Insurance Commissioners)

Only one in eight preventable medical errors committed in hospitals results in a malpractice claim. (Source: Harvard Medical Practice Study Group)

From 1996 through 1999, Florida hospitals reported 19,885 incidents but only 3,177 medical malpractice claims. In other words, for every 6 medical errors only 1 claim is filed. (Source: Agency for Health Care Administration)

The number of new medical malpractice claims declined by about four percent between 1995 and 2000. There were 90,212 claims filed in 1995 and 86,480 claims filed in 2000. (Source: National Association of Insurance Commissioners)

Malpractice insurance costs amount to only 3.2 percent of the average physician's revenues. (Source: Medicare Payment Advisory Committee)

While medical costs have increased by 113 percent since 1987, the total amount spent on medical malpractice insurance has increased by just 52 percent over that time, less than half of medical services inflation. (Source: Bureau of Labor Statistics)

A small percentage of doctors account for more than half of all pay-outs. While a great many doctors live in fear of being sued, the reality is that the vast majority will never be forced to pay an award or even settle a case. Their fears are exaggerated. (Source: Excerpt from healthbeatblog.org, a project of the Century Foundation, in analysis of the Harvard Medical Practice Study Group report)


Medical Malpractice FAQs

No Fee Unless You Win
David J. Elk

“Most people have a preconceived idea that it costs a lot of money to be represented by a skilled attorney whose main focus is injury law. At Elk & Elk Co., Ltd., we take great pride in being able to represent victims of injury who in most cases will pay us nothing unless we have a successful outcome.” -   David Elk

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Verdicts & Settlements
  • $1.4 Million Motorcycle Accident

  • Undiagnosed Infection Results in Mother's Death During Labor Results in $4.8 Million Medical Malpractice

  • $1.05 Million Motor Vehicle Crash

  • Hospital Mistake that caused Cerebral Palsy Ends with $3.9 Million Medical Malpractice Resolution

  • $1 Million Truck Accident

  • $3.5 Million Settlement For Incorrectly Holding a Patient to Carbon Dioxide Instead of Oxygen

  • Head On Collision Accident Case Settles for $650,000

  • Large Truck Accident Victim Receives a $321,000 Settlement

  • A Commercial Vehicle Accident Victim Receives a $175,000 Settlement

  • $1.025 Million Settlement in Fatal Motorcycle Accident

  • Doctor's Mistake that Paralyzed Teenager Results in $10 Million Medical Negligence Verdict

  • Brain-damaged Girl Awarded $9.8 Million

  • $1.9 Million Dollar Settlement of Wrongful Death of 39 Year Old Wife and Mother

  • Medication Error Results in $6 Million Medical Malpractice Settlement

  • $1.85 Million Dollar Settlement for 59 Year Old Man Struck by Semi Tractor Trailer

  • Acuter Hypoxic Injury Caused by Medical Personnel Results in $5.3 Million Medical Malpractice Verdict

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