What Is Needed for a Successful Medical Malpractice Claim?
August 18, 2020 Published in Medical Malpractice
Doctors, nurses, and other medical professionals have a tremendous responsibility, both legally and ethically. Even a seemingly minor medical error could put the well-being of their patients at risk. A patient harmed by medical negligence may require expensive medical treatment to correct the damage caused by the mistake and may also be unable to work. If you or your loved one has recently been the victim of a medical error in Illinois, you may wonder whether or not you have a valid medical malpractice claim.
Proving Medical Negligence Led to Your Injuries
No medical professional can ever fully guarantee the outcome of a medical procedure or medication regimen. Human bodies are vastly complex and vary significantly depending on our genetics, past medical history, lifestyle, and other factors. However, healthcare professionals do have a legal obligation to provide reasonably skilled medical services. When a surgeon, doctor, nurse, technician, or hospital worker makes a mistake that results in harm to a patient, the patient may be entitled to compensation through a medical malpractice lawsuit. The party liable for the patient’s damages may be the medical professional himself or herself or it may be the medical facility at which the mistake occurred. The four main elements of a successful medical malpractice claim include:
The defendant owed the patient a duty of care. You and your attorney must establish that a doctor-patient relationship occurred or that you were otherwise owed a duty of care by the defendant.
The defendant breached that duty of care. In most medical malpractice claims, the “medical standard of care” is used to establish whether or not the defendant breached this duty. The medical standard of care is usually defined as the type of care that a reasonably proficient medical professional with similar education and status would have provided under similar circumstances.
The defendant’s breach of duty led to the patient’s injuries. You and your lawyer must show evidence that the medical professional’s deviation from the medical standard of care caused your injuries. Proving the connection between a patient’s injuries and the medical professional’s negligence is often accomplished using expert testimony from a knowledgeable medical authority and by reviewing the patient’s medical records.
The patient suffered damages as a result of his or her injuries. In order to have a valid malpractice claim, you must show that your injuries resulted in harm. Damages in a medical malpractice lawsuit often include additional medical bills, physical pain, mental anguish, lost income, and reduced future earning capacity.
Contact a Champaign Medical Negligence Lawyer
If you or a loved one was harmed by a medical mistake, it can alter your daily living and may result in long-term care. Contact the accomplished legal team at Kanoski Bresney to learn about your legal options. Depending on the circumstances, you may be entitled to financial compensation for your damages. Call our office today at 888-826-8682 to schedule a free initial consultation with our experienced Springfield medical malpractice attorneys.