If you have been injured because of a negligent act or omission by your medical provider, you might have legal grounds to file a medical malpractice lawsuit. However, proving and winning a medical malpractice lawsuit can be more difficult than a typical personal injury claim. Winning these claims requires proving all the legal elements associated with medical malpractice.
Keep reading below to learn more about the grounds for a medical malpractice lawsuit in Illinois.
What Legal Elements Are Required to Prove Medical Malpractice?
Medical malpractice occurs when a medical provider or facility injures or kills a patient by failing to provide care that follows the accepted standard. However, you need to show more than mere carelessness to win a medical malpractice lawsuit. To have the legal grounds for a medical malpractice suit, you need to show the following four elements:
Duty of Care
As part of your claim, you must first show that the doctor or medical facility owed you a legal duty of care. This is the legal duty owed to patients when providing medical care or services.
Proving that a duty of care exists typically requires showing that a doctor-patient relationship existed. This may be demonstrated by medical records, previous appointments and visits, paid medical bills, and other evidence.
Breach of Duty
The next element of medical malpractice requires proving that the doctor breached their duty of care. This means that they failed to provide care that was within the accepted medical standard.
The specific standard varies from one situation to another. The standard that is generally required is the level of care that would be provided by a physician with similar education and experience in similar circumstances. Expert testimony from medical professionals is often needed to determine the accepted standard of care.
Causation
You must be able to link the doctor’s conduct to your injuries. You should be able to prove that you would not have sustained the alleged harm “but for” the provider’s breach of duty. In other words, you would not have sustained any harm had the doctor not acted outside their legal duty.
Damages
You must be able to prove that the provider’s breach caused you some damages or injury. Even if the doctor breached their duty, you will not have grounds for a claim if you suffered no harm. Harm could be physical injuries or psychological trauma. It could also include worsening of an existing condition.
Common Examples of Medical Malpractice
Many types of behaviors could qualify as medical malpractice.
Some of the most common examples of medical malpractice include:
- Surgical errors
- Anesthesia mistakes
- Prescribing the wrong medication or the wrong dosage
- Failure to diagnose
- Misdiagnosis or delayed diagnosis
- Birth injuries
- Treating the wrong patient
- Pressure sores and bedsores
- Early discharge
Remember that just because your condition did not improve does not mean it is grounds for medical malpractice. The best way to determine whether you have a valid claim is to seek help from an experienced medical malpractice lawyer.
Proving a Medical Malpractice Lawsuit Can Be Challenging
Proving a medical malpractice claim is notoriously difficult. Medical experts are often needed to help establish whether the accepted standard of care was breached. This requires finding a doctor or provider who is willing to testify against their colleagues. An experienced personal injury lawyer can help you find reputable medical experts who can help prove your case.
How Long Do I Have to File a Medical Malpractice Lawsuit in Illinois?
Illinois law requires that medical malpractice claims be brought within two years from the date of your injury. Failure to bring your lawsuit in time can completely bar you from recovering any compensation for your injuries. However, some special circumstances can affect this general rule.
For instance, some medical mistakes are not immediately apparent. This is why you should always seek help from an experienced lawyer as soon as you become aware of your injury. Your lawyer can help determine the deadline for your claim and ensure you do not lose your chance to recover compensation.
Contact Our Chicago Medical Malpractice Lawyers for a Free Consultation
If you or a loved one has been injured by a medical provider’s negligence, call our Chicago medical malpractice lawyers at Zayed Law Offices Personal Injury Attorneys for help. Our team offers free consultations to discuss your case and help determine your legal options.
For more information, please contact the experienced Chicago medical malpractice lawyers at Zayed Law Offices Personal Injury Attorneys today. We offer free consultations.
We proudly serve Cook County, Will County, Kendall County, and its surrounding areas:
Zayed Law Offices Personal Injury Attorneys – Chicago Office
10 S La Salle St STE 1230, Chicago, IL 60603
Phone:(312) 726-1616
Hours: Open 24/7
Our firm is located near you. We have an office in Chicago
Find us with our GeoCoordinates: 41.8815493,-87.6327515
Zayed Law Offices Personal Injury Attorneys – Joliet Office
195 Springfield Ave, Joliet, IL 60435
Phone: (815) 726-1616
Our firm is located near you. We have an office in Joliet
Find us with our GeoCoordinates: 41.5254295,-88.1381011
