Medical malpractice is a legal claim arising from a healthcare provider’s negligence. While physicians are often the focus of such claims, they are not the only potential defendants. Depending on the circumstances of your case, other healthcare professionals, including nurses, specialists, or medical facilities, may also be held liable. If you believe you have a valid medical malpractice claim, consulting an experienced attorney can help determine the appropriate parties to pursue and guide you through the legal process.
The Elements of a Medical Malpractice Claim
To win a medical malpractice claim based on negligence, you must prove all of the following elements:
- Duty of care: The defendant owed the plaintiff a duty of care. To hold the defendant to a professional standard of care, the plaintiff and the defendant must have established a doctor-patient relationship. There might not be a doctor-patient relationship if, for example, the doctor rendered first aid at the scene of a car accident with no expectation of payment. You might need a medical expert witness to establish the exact duty of care.
- Breach of duty: The defendant failed to meet the demands of the applicable duty of care.
- Causation: The defendant’s negligence must have caused the harm that the plaintiff suffered. The harm must have been foreseeable given the details of the defendant’s negligence.
- Damages: The plaintiff must have suffered damages such as medical expenses, lost earnings, pain and suffering, disfigurement, or death.
The plaintiff must prove their claim by a preponderance of the evidence (the defendant must be more likely than not to be liable).
Possible Defendants in a Medical Malpractice Case
Most people understand that a medical malpractice claim can be filed against a physician, but doctors are not the only potential defendants. Various healthcare professionals may also be held liable depending on the circumstances of the case. Below is a list of healthcare practitioners who may be subject to a malpractice claim.
General Practice Physicians
A general practice physician, such as a family doctor, provides primary care and treats a wide range of illnesses and injuries. When necessary, they refer patients to specialists for further evaluation and treatment. A medical malpractice claim may arise if a general practitioner misdiagnoses a condition, leading to delayed treatment and harm. Additionally, failure to order appropriate medical tests or refer a patient to a specialist when warranted may also constitute negligence.
Surgeons
You might file a claim against a surgeon for causing unnecessary nerve damage, for leaving a surgical instrument inside your body, or for performing unnecessary surgery.
Medical Specialists
Depending on the circumstances, you might qualify to file a medical malpractice claim against the following medical specialists, among others:
- Anesthesiologists
- Cardiologists
- Chiropractors
- Surgeons
- Dentists and oral surgeons
- Dermatologists
- Emergency room physicians
- Neurologists
- Nurses
- Orthopedic surgeons
- Pediatricians
- Psychiatrists
The standard of care for these professionals is very demanding.
Nurse Practitioners and Physician Assistants
Illinois allows you to file a medical malpractice claim against a nurse practitioner or a physician assistant for their negligent behavior. Many other states have erected legal barriers, making this very difficult.
Hospitals
You can claim against a hospital for the medical malpractice of one of its employees using the legal doctrine of respondeat superior. Most doctors who work for hospitals are not hospital employees.
You can also file a claim against a hospital for its own negligence, such as:
- Negligent hiring
- Inadequate infection control
- Inadequate staffing
- Inadequate training
- Inadequate supervision
- Failure to maintain equipment
A plaintiff can sue a hospital for many other forms of negligence as well.
Do You Need an Illinois Medical Malpractice Lawyer?
If you suffered a serious injury due to substandard medical care from a healthcare professional, you probably need an Illinois medical malpractice lawyer. Medical malpractice claims are typically complex, and they usually require testimony from an expert witness.
Contact Zayed Law Offices Personal Injury Attorneys at your earliest convenience to schedule a free initial case consultation. Since we operate on the contingency fee system, you only pay attorney’s fees if you win.
Contact the Chicago Personal Injury Law Firm of Zayed Law Offices Personal Injury Attorneys for Help Today
For more information, please contact the experienced Chicago personal injury 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
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