Physicians and other health care professionals owe their patients a duty of care to provide safe medical treatment, but when the doctor fails to uphold this standard, patients may suffer serious losses. In these situations, injured patients should be held responsible for medical malpractice.
If you or a loved one were injured by a physician or health care professional, contact a personal injury attorney right away. An experienced Chicago medical malpractice lawyer could help you navigate these complex lawsuits while fighting large insurance companies on your behalf.
Elements of Medical Malpractice Claims
Healthcare is a vast and complex field, and therefore, the factual circumstances of each malpractice case are different. However, the burden of proof and elements of each medical malpractice case are often the same, which is to prove that the physician or healthcare provider is liable for any losses the patient suffered.
The burden to prove each of the required elements is on the injured party, and the court may dismiss the lawsuit if any of the elements are not proven. There are four requirements that must be established to prove a medical malpractice case:
- The doctor or provider owed a duty of care to the injured patient
- The doctor or provider breached the duty
- The patient sustained injuries and damages
- There was a causal relationship between the provider’s negligence and the injuries
Most people outside of physicians and health care providers do not have the experience to understand the proper treatments for injuries and illnesses. However, a knowledgeable attorney in Chicago could work with medical experts to establish liability in a malpractice case.
When Must a Case be Filed in Chicago?
When considering whether to pursue a claim, an injured party must keep in mind that a statute of limitations exists. Under state law, an injured party must bring a claim for a medical malpractice claim within two years of the discovery of their injuries. It is important to note that this two-year period also starts from the date on which the injured party should have known about the injury through reasonable diligence. An injured person cannot wait too long to discover an injury and come forward, as the statute of limitations does not permit a medical malpractice suit to be brought more than four years following the date of the negligent act.
A seasoned Chicago attorney could also help in medical malpractice cases that include minors. For these types of cases, the injured party must file their claim within eight years of the malpractice, but they are also not permitted after the claimant’s 22nd birthday.
Call a Chicago Medical Malpractice Attorney for Help Now
The negligence of a trusted doctor or health care provider can result in life-changing injuries or even death. Healthcare providers and their insurance companies will do everything possible to prove that the doctor was not negligent, and their treatment did not cause the injuries. However, a Chicago medical malpractice lawyer could fight your rights and hold the doctors and any other health care providers responsible. Schedule a case consultation today to get started.