Medical malpractice, or medical negligence, occurs when a healthcare worker deviates from professional standards of care resulting in a bad outcome. In other words, a healthcare worker is negligent when they do something that is against what they should, creating a poor outcome for the patient. Sometimes it is difficult to know whether or not you have a case (or claim). One of the best things to do is call a medical malpractice attorney and ask.
In the meantime, there are a few important things to remember about medical malpractice claims. First is the statute of limitations set forth by each state (e.g., Illinois). This limits the time frame someone can file suit after a negligent incident has occurred. Sometimes there are certain variables that can apply to the statute of limitations. The sooner you call an attorney about a medical malpractice claim, the more likely you will be to fall within the statute’s time frame.
Secondly, medical malpractice/negligence cases move forward under the thought (or theory) that the healthcare worker deviated from the recognized standard of care which ultimately ended with a bad result. In a court of law, the person bringing forth the claim (the plaintiff), must prove four things:
1) Duty. A relationship must be established between the plaintiff and the healthcare worker who was negligent.
2) Breach of Duty. The failure to do what a reasonable and prudent person would have done in the same or similar circumstances.
3) Damages and Injuries. What was the result of the bad outcome?
4) Causation. There must be a reasonable connection between the acts of negligence and the alleged injuries/damages.
Remember, an unanticipated or unsuccessful result from medical treatment or surgery does not, in itself, mean that medical malpractice has been committed. How do you know if you do not ask? Good Chicago Medical Malpractice law firms review potential malpractice claims and in response to your inquiry, one of our staff will be happy to conduct a free telephone consultation with you. If the reviewing attorney feels you have a valid claim, we will conduct a thorough analysis and investigation and proceed accordingly.
The experienced Chicago Medical Malpractice Lawyers at VanDerGinst Law are just a phone call away if you have any more questions. Their Illinois Law Firm offers an initial consultation free of charge.