Deciding which physician to visit for medical care is incredibly important. However, in an emergent situation, you may not have a choice. No matter the situation, it is reasonable to expect a medical professional to provide care with the appropriate skill and competence.
Sadly, medical errors are common and can range from a failure to provide an accurate diagnosis, a surgical accident, or medication mistakes concerning dosage or chemical interactions. Any of these examples may be instances of medical malpractice.
Unfortunately, proving malpractice claims can be complicated without the help of a dedicated personal injury attorney and a knowledgeable medical expert. If you were a victim of medical error, a Carpentersville medical malpractice lawyer could help you prove a physician’s carelessness and obtain the compensation you need to properly heal from your injuries.
What is the Legal Definition of Medical Malpractice?
Simply put, malpractice is negligent medical care. Every doctor, dentist, nurse, and hospital has a legal obligation to practice medicine with a certain standard of care. Although the state tests this competence through licensing exams, healthcare professionals must maintain the level of competent care.
According to Illinois Civil Jury Instruction 105.01, all medical professionals must provide treatment with the same skill, knowledge, and care that a reasonably careful peer would use, given a patient’s circumstances.
Failure to live up to this standard is the definition of medical malpractice. A Carpentersville medical malpractice attorney could help to provide more information about what it means for a medical practitioner to commit malpractice.
Proving Medical Malpractice in Carpentersville
It is one thing for a patient to believe that a doctor’s error worsened their condition or resulted in a new injury. However, it is another thing to be able to prove it in court. Because the question of whether a physician committed malpractice revolves around scientific evidence, medical negligence cases are often complicated. Any patient wishing to collect damages for their injuries must be able to present this scientific evidence clearly and effectively to a jury.
The only way to accomplish this is to work with a medical expert witness. These experts can examine a patient’s medical records to determine whether the defendant’s actions violated the standard duty of care. Additionally, experts can provide their opinion on how that failure resulted in the plaintiff’s injuries.
Under 735 ILCS §2-622, any claim alleging medical malpractice must include a certification that the plaintiff consulted with a professional who has reason to believe that malpractice occurred. A local lawyer could help malpractice victims locate and hire medical experts to ensure they have the best chance of a favorable case outcome.
A Carpentersville Medical Malpractice Attorney May be Able to Help You
Suffering an injury at the hands of a negligent medical professional is a devastating experience. You should expect to receive the best possible care when visiting a healthcare provider. However, that is not always the reality.
Fortunately, a Carpentersville medical malpractice lawyer could help you evaluate your legal options. In addition, a legal team member could gather medical records and hire qualified experts to maximize your chances of financial recovery. However, time limits may prevent you from filing suit, so don’t hesitate. Contact an attorney today to get started on your claim.