Medical malpractice occurs when sub-standard care by any health care professional or institution results in harm, injury or death to a patient. Although there are numerous ways in which medical malpractice can occur it is most often an error in diagnosis, medication or dosage, treatment or aftercare. It may be that the error occurred because nothing was done or the error was a result of negligence.
A Chicago medical malpractice lawyer can help patients to receive compensation for the harm done as a result of such sub-standard care. It is the responsibility of the plaintiff to prove that the quality of care they received was less than what any competent medical professional would have provided under identical circumstances and this sub standard care resulted in injury, harm or death.
How common is medical malpractice?
Based on available statistics, medical malpractice is third worst cause of death in the US next to heart disease and cancer. The available data indicates that of the 160,000 deaths that happen as a result of medical malpractice, the majority were caused by errors in diagnosis.
What must be present for a medical malpractice case to prosper?
Due to the complexities of cases of this nature a Chicago medical malpractice lawyer will want to spend time looking into the circumstances. For a claim to prosper in court there are certain characteristics that must be present.
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Failure to provide proper standard of care: Health care professionals are expected to meet specific medical standards when dealing with patients and patients have the right to expect that they will treated in accordance with these standards. A violation of the standard of care may be an indication of negligence.
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The harm was the result of negligence: It is the plaintiff’s responsibility to prove that there was negligence and it was this negligence that caused the injury or harm. Being unhappy with the outcome of a procedure or treatment is not an indication of negligence.
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Damaging consequences: For a malpractice suit to succeed there must be evidence of considerable damages such as suffering, long term hardship, constant pain, loss of income, etc.
It is quite obvious that to succeed in a case of this nature it will take a highly skilled lawyer with in-depth knowledge of the complex laws that apply.
If you believe that you were harmed or injured as a result of an error on the part of a medical practitioner or medical facility you should consult with a Chicago medical malpractice lawyer. You are invited to contact Shea Law Group.
