medical malpractice lawyers
Negligent Act Or Omission
Medical malpractice takes places when a healthcare professional, physician or hospital causes an injury to a patient from a negligent act or omission. The negligence could be from errors in health management, diagnosis, aftercare or even treatment and more.
Medical malpractice can cause a victim serious damage. Medical malpractice lawsuits are expensive. A successful lawsuit will require many medical experts to provide testimony. It could also involve several hours of deposition testimony. Should the damages be small, the costs associated with pursuing a case may not equal its financial investment. In most situations, a victim must be able to prove they had lost income, a disability, experienced hardship as well as significant past and future medical costs.
Standard Of Care Violation
In some cases, a patient is injured because a medical provider violated a standard of care. Under the law, there are specified medical treatments which are identified as being a standard method of treatment. These standards are established by determining what a reasonable and prudent healthcare professional would do in a similar situation. Patients have a right to expect a health care provider will give them care that meets professional standards.
Under these circumstances, a health care professional has not just violated the industry standard for care, a patient can prove they experienced an injury that would not have happened if the negligence of the medical professional had not occurred. It must be established negligence is responsible for the patient’s injury.
Part of a medical malpractice lawsuit requires victims to prove a physician-patient relationship existed. It must be shown a medical provider was hired, and they agreed to perform a service. Should a victim be injured after following something a doctor said to another person at a party, they won’t have a case for medical malpractice. Should a medical professional begins to see someone and is paid for providing medical treatment, it will be easy to prove a professional relationship exists.
Cause Of Injury
It must be proven the injury a victim experienced is the actual cause of their damage. It is possible for a medical professional to provide services below industry expected standards and not be guilty of medical malpractice. A victim can’t file a lawsuit for malpractice if it can’t be proven they were directly harmed by the medical provider’s care.
Failure To Diagnose
A successful lawsuit will involve a proving a competent medical professional would have been able to discover a person’s illness or may have made another type of diagnosis. This diagnosis would have provided a more successful outcome than the one the victim received.
It is possible for a medical professional to make a correct diagnosis but provide the wrong treatment. In some cases, a medical professional has made the correct diagnosis, provided the correct treatment, but inappropriately administered the treatment.
Failure To Warn Of Risk
A medical professional could be guilty of malpractice if they fail to warn a patient of a known medical risk. Medical professionals have a legal duty to inform patients of any risks associated with a medical procedure or treatment. This is referred to as a duty to provide informed consent. Should a victim prove they would not have elected to have a medical procedure or treatment if they knew of the risks, a medical professional could have committed medical malpractice should a person be injured by the procedure or treatment.
Statute Of Limitations
A medical malpractice lawsuit in Illinois must be filed within two years of the date that a patient discovered or should have discovered their injury. All medical malpractice legal actions must be brought four years after the date the alleged medical malpractice occurred. The statute of limitations is usually longer for a minor. Factors including a victim’s age, the existence of a disability that prevented filing a claim as well as fraud by the defendant could all be considered by a court if it is requested to extend the statute of limitations in an individual case.
Should a person believe they are the victim of medical malpractice, they should immediately contact an experienced malpractice attorney. They are able to provide a professional review of the details of a case. These legal professionals can determine if a case is actionable, and the next legal step that should be taken.