It surprises many to learn that medical malpractice is an ongoing problem in the United States. Sadly, many patients and their families file civil actions against negligent practitioners every year. Suffering injuries at the hands of a healthcare provider can affect every aspect of a person’s life, including the lives of their family members.
Proving a healthcare provider failed to administer the proper care involves a deep understanding of the civil court process and medical field as well as strong negotiation skills. Therefore, working with a Melrose Park medical malpractice lawyer could provide the best chance of recovering damages successfully. When an act of medical negligence leaves you incapacitated or sick, call a compassionate personal injury attorney.
The Common Medical Malpractice Causes
A patient who suffers injuries after a medical procedure does not automatically have grounds to file a legal claim against a doctor. Instead, a case must demonstrate that a provider gave inadequate care by straying from the standard, and the substandard treatment directly caused the patient’s injuries. Common instances of medical negligence include the following:
- Misdiagnosis or failure to diagnose
- Injuries during childbirth
- Surgical procedure mistakes
- Medication errors
To recover fair compensation, a plaintiff—with the help of a legal representative—must prove that a medical professional deviated from the standard of care that another physician would have provided under the same circumstances. A skilled attorney in Melrose Park could review a case to determine if a patient has adequate proof to file a healthcare negligence claim.
Proving the Healthcare Provider was Negligent
A plaintiff’s case must establish specific elements to demonstrate to the court that a medical provider was negligent and is liable for the damages.
Establishing the doctor-patient relationship is crucial in proving negligence in medical malpractice claims. For example, these cases must show that the defendant provided care—whether adequate or not—and attended to a patient’s medical needs.
Duty of Care
The duty of care is the legal responsibility of healthcare providers to administer the same medical treatment other professions in their field would if put in the same position. Regulations establish the standard of care that healthcare providers must adhere to while treating patients.
The Healthcare Provider Breached the Duty of Care
Breach of duty of care means a doctor failed to carry out the standard of treatment required under healthcare guidelines. In medical malpractice cases, this violation can be accidental or intentional.
The Provider’s Breach of Duty Caused an Injury
The court provides instructions to the jury when considering whether sufficient proof of the proximate cause exists. For example, according to Illinois Pattern Instructions 15.01, when a jury finds a provider’s actions were careless, they must decide if the failure to provide a duty led to the patient’s injuries.
A medical professional’s actions do not have to be the only basis for a malpractice lawsuit. For example, finding that a healthcare provider’s treatment, combined with another event, caused a person’s damages is not a defense—the case proves fault sufficiently. However, if a jury finds that the defendant’s actions did not have a role in the claimant’s injuries, the healthcare professional is not liable for damages.
A Patient Sustained Verifiable Damages
The final component to establishing a medical malpractice case is proving that a plaintiff sustained verifiable damages and losses. Demonstrating these losses requires proof of physical, psychological, and financial injuries. A Melrose Park lawyer could ensure these losses are present and help collect the crucial evidence needed to prove negligence.
Schedule a Consultation With a Medical Malpractice Attorney in Melrose Park
Many medical procedures carry risks for patients. That said, sustaining damages does not mean there is evidence of negligence. A medical malpractice case requires solid proof that a provider failed to provide the standard of care to their patient, leading to severe injuries.
Unfortunately, these claims are not uncommon, and many people suffer life-threatening or fatal injuries at the hands of a healthcare professional they trusted. When you experience an event like this, you deserve justice. Schedule a consultation with a compassionate Melrose Park medical malpractice lawyer for more information.