How Do I Know if I Have Been the Victim of Medical Malpractice?
Few would argue that healthcare professionals have a very challenging occupation. Doctors and other medical professionals are expected to interpret vast amounts of medical data and patient information and use this information to make educated decisions about patient treatment plans. Although medical professionals are fallible just like everyone else, they are held to an exceptionally high standard regarding patient care. A mistake in the diagnosis or treatment of a medical condition can cause severe patient suffering or even death. If you or a loved one has experienced a negative surgical or healthcare outcome or received substandard medical care, you may wonder if you were the victim of medical malpractice.
When Does a Medical Mistake Cross the Line into Medical Negligence?
The majority of medical malpractice claims are founded upon the legal concept of negligence. Medical negligence occurs when a medical professional acts in a way that deviates from the accepted medical practice. Of course, understanding when a healthcare worker’s actions deviate from the accepted medical practice is not always easy – especially for someone who has no medical training. Proving that a medical worker acted negligently is often the first step in a medical malpractice claim.
Understanding the Medical Standard of Care
Most personal injury claims involve four main components: duty, breach of duty, injuries, and damages. Medical professionals and medical facilities have a legal duty to provide reasonably skilled medical treatment to the patients in their care. A medical professional or facility may be negligent when they breach this duty of care. The standard typically used to determine when a medical professional breaches their duty of care is a theoretical standard called the "medical standard of care." This standard refers to the type and quality of care that a reasonably skillful healthcare professional of the same occupation and training would have provided in similar circumstances. Medical malpractice occurs when a healthcare professional’s negligence causes the patient to be injured or harmed and the patient’s injuries lead to damages. Damages in a medical malpractice claim typically include medical expenses, loss of income, and noneconomic damages such as pain and suffering.
Contact a Melrose Park Medical Malpractice Lawyer
If you suspect that you or a family member were the victims of medical negligence, contact a seasoned Cook County medical malpractice attorney from Kaiser Law. Our team can investigate your case, evaluate medical records, and consult with medical experts to determine if medical malpractice has occurred. If you were the victim of medical malpractice, you may be entitled to financial compensation for your damages. Call our office today at 630-233-9946 to schedule a free, confidential consultation.
Source:
https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/IL_IPI_Civil.pdf