60 W. Randolph St., Suite 450, Chicago, IL 60601

Search
Livas Law Group

What Do I Need to Prove in an Illinois Medical Malpractice Case?

Posted on in Personal Injury

Chicago IL personal injury lawyerBeing a physician requires a high degree of responsibility. After all, they do often have our lives in their hands. While most physicians exhibit a high degree of knowledge and professionalism, it is important to remember that doctors are humans, too, and can sometimes make mistakes. However, that does not mean they cannot be held accountable for their actions. When a physician causes an injury to another person, there is a chance that they could be held liable for the damages caused by those injuries. Medical malpractice claims can be complicated, which is why it is crucial to work with an attorney who is familiar with them.

What is Medical Malpractice?

Medical malpractice occurs when a doctor or other healthcare professional causes an injury to a patient due to their negligence, and that patient suffers some type of loss because of the injury. There are many ways a physician can commit medical malpractice, including:

  • Failure to diagnose

  • Misdiagnosis

  • Errors made during surgery

  • Ignoring or misinterpreting test results

Elements to Prove Malpractice Claims

There are many components of a medical malpractice claim that must be present in order to claim compensation. The absence of even one component can mean the absence of a medical malpractice claim. To successfully prove your medical malpractice claim, you must prove:

  • Your physician violated their standard of care. The standard of care usually refers to the actions or plan of care that an “ordinarily careful” physician would order under the same circumstances. You must be able to prove that your physician deviated from that standard.

  • You suffered an injury because of that violation. You must also be able to produce evidence that you suffered an injury because of the negligent actions that your physician took. If there is no injury that resulted from the deviation from the standard of care, you do not have a malpractice claim.

  • Your injury caused you to sustain damages. Finally, you must have proof that you sustained significant damages because of the injury that stemmed from the negligence of your physician. These damages can include past and future medical bills, lost wages, disability, and even pain and suffering, in some cases.

Contact Our Illinois Medical Malpractice Attorneys

Because of the seriousness and importance of the work that physicians do, this profession is held to a much higher standard than others. When a physician fails to meet those standards, malpractice issues can arise. At Livas Law Group, we understand how much stress, both physical and financial, a medical injury can put on you. If you have suffered an injury at the hands of your doctor, you need to speak with one of our Chicago, IL medical malpractice lawyers. Contact our office today by calling 312-804-6102 and schedule a free consultation.

 

Sources:

https://www.abpla.org/what-is-malpractice#medical

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2628513/

Back to Top