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MEDICAL MALPRACTICE ATTORNEYS SERVING CHICAGO, ILLINOIS

Medical malpractice is a legal term that describes negligence that results in death or injury by a health care provider who fails to adhere to the accepted standards of practice and care for the relevant procedure. This includes doctors, nurses, technicians, pathologists, hospitals, and any other licensed medical professional.

Medical malpractice claims are often very complicated. Moreover, Doctors play an important role in our society to keep us safe and healthy. Poor outcomes do not always equate with medical malpractice. Accordingly, it is important to investigate these matters thoroughly before determining whether to bring a claim. At Stiberth, Scarlati, & Boudreau, LLC, we do exactly that.  

That said, when Medical Malpractice occurs, it is always preventable. When it happens, it is most often due to careless errors or negligence. Some of the more common causes of medical negligence include:

  • Health care practitioner negligence. All physicians have a duty to adequately care for patients. This duty is broad and includes things such as making accurate diagnoses, administering appropriate care, and getting informed consent before undertaking treatment. Any breach of duty, resulting in injury to a patient, may be medical malpractice.

  • Hospital negligence. Sometimes it is not a specific practitioner who causes patient injuries, but the way the hospital operates. Improper protocols, falling short of medical standards, lack of proper employee training, poor sanitation, and preventable miscommunications all put patient lives at risk.

  • Equipment failures. Injuries or deaths that arise from machines failing, abruptly shutting off, or malfunctioning during patient treatment could come down to hospital or product manufacturer liability. The hospital could be liable if lack of proper maintenance caused the defect, while a manufacturer would be liable for defects that existed upon distribution.

If you believe you’ve suffered medical malpractice, talk with an attorney. He or she will investigate and look for signs of negligence or misconduct connected to your case.

Elements of A Medical Malpractice Claim

Although every medical malpractice case is unique, they all have certain traits in common. For instance, in all medical malpractice claims the patient or his or her estate must establish four main elements:

  • A professional relationship. You need proof you or your loved one and the defendant had a professional patient relationship at the time of the injury. 

  • Breach of duty of care. The breach of care, or act of negligence, is the main component of a medical malpractice lawsuit. The law requires claimants demonstrate the defendant breached, or failed to fulfill, a duty of care to you. This duty and the accompanying breach of the duty  

  • Causation. There must be a causal relationship between the defendant’s breach of duty and your personal injury. The doctor or hospital’s breach of proper care must be the proximate cause of your damages.   

  • Damages. Finally, victims must show they suffered actual damages because of the defendant’s breach of duty. Damages may include medical bills, physical pain, emotional distress, lost quality of life, or lost income.

If you are not sure whether you have grounds for an Illinois medical malpractice claim, contact us. It is important to choose an attorney who can stand up for you and fight for justice on your behalf. We can review your case and give you our honest opinion on its merit in a court of law. 

Elements of A Medical Malpractice Claim

Although every medical malpractice case is unique, they all have certain traits in common. For instance, all come with a burden of proof – a burden to show the defendant is legally responsible for the patient’s injury or illness. For a medical malpractice case in Illinois, you need the following four main elements:

  • A professional relationship. You need proof you and the defendant had a professional patient relationship at the time of your injury, through documentation and/or medical bills. If a physician gives you advice at a dinner party and following it causes further harm, you cannot sue him or her for malpractice because no professional relationship existed.

  • Breach of duty of care. The breach of care, or act of negligence, is the main component medical malpractice lawsuit. You will need clear and convincing evidence that the defendant breached, or failed to fulfill, a duty of care to you. Showing up to work drunk or misinterpreting test results are examples of breaches of medical duty.

  • Causation. There must be a causal relationship between the defendant’s breach of duty and your personal injury. The doctor or hospital’s breach of proper care must be the proximate (main) cause of your damages for you to have a case against the defendant. Otherwise, you may have a case against someone else.

  • Damages. Finally, victims must show they suffered real damages because of the defendant’s breach of duty. Damages may include medical bills, physical pain, emotional distress, lost quality of life, or lost income.

If you are not sure whether you have grounds for an Illinois medical malpractice claim, contact us. We can review your case and give you our honest opinion on its merit in a court of law.