We trust our doctors to provide us guidance on how to stay healthy, to take care of us when we are sick, and to avoid making dangerous mistakes. However, every year over thousands of people suffer injuries as a result of medical malpractice. In 2016, John Hopkins University published a comprehensive report which found that medical errors and medical malpractice cause upwards of 250,000 deaths every year.
Medicine is an art, which means that not every single course of treatment will work perfectly for every individual. However, medical malpractice may occur if a medical provider fails to conform to professional standards and a patient suffers an injury or dies as a result.
A skilled personal injury attorney could help those who were injured by a doctor’s mistake. If you or a loved one suffered harm because of negligent medical care, contact an Oak Lawn medical malpractice lawyer today.
The Basics of a Medical Malpractice Lawsuit
Medical malpractice lawsuits are based on a theory that a doctor or health care provider has breached their duty of care to act as a reasonable and prudent health care provider in the same circumstances. As stated in Purtill v. Hess, 111 Ill.2d 229, 489 N.E.2d 867, 95 Ill.Dec. 305 (1986), to establish liability in a medical malpractice claim based on negligence, a plaintiff must prove the following:
- A standard of care exists in the medical community or relevant specialty by which the defendant physician’s treatment can be measured
- The physician deviated from this standard of care
- A resulting injury was proximately caused by this deviation from that standard of care
To determine whether a doctor has committed medical malpractice, the court usually considers what other doctors in the medical community would have done in the same situation. This may entail examining or interviewing other medical professionals in the region, or turning to accepted medical standards to determine what another medical professional would have done, or what medical standards would deem appropriate in a given situation.
Each medical malpractice claim is therefore unique and requires examining a person’s individual medical history, condition, and how the doctor’s course of treatment. An experienced Oak Lawn medical malpractice lawyer could help victims pursue the most effective strategies for obtaining evidence of medical malpractice in their case from wherever it may be sourced.
What is a Medical Malpractice Claim in Oak Lawn Worth?
Injuries in a medical malpractice case can be severe and change a person’s life permanently. An instance of malpractice by a healthcare provider may mean that a patient suffers needlessly from an undiagnosed or improperly treated disease or illness, a poorly performed surgery, or an injury that does not heal properly because of poor oversight.
Under 735 ILCS 5/2-1702, a person may recover for economic losses, non-economic losses, as well as for past and future damages. Economic losses are defined as all pecuniary harm for which damages are recoverable by 5 ILCS 5/2-1702(a). Non-economic losses are defined as loss of consortium and all nonpecuniary harm for which damages are recoverable, including, without limitation, damages for pain and suffering, inconvenience, disfigurement, and physical impairment by 5 ILCS 5/2-1702(b).
To prove these damages and injuries, 735 ILCS 5/2-622 requires a lawyer to consult with a healthcare professional who could attest that a medical malpractice claim has merit and there is a reasonable basis for filing the suit. Furthermore, a medical professional could attest to the impact a medical malpractice case may have on an individual.
Why Consult an Oak Lawn Medical Malpractice Attorney?
Experienced attorneys understand the impact a medical malpractice case can have on your life and your family’s life and could help you manage the complicated legal process of filing a medical malpractice claim. If you or a loved one suffered because of medical malpractice, contact an Oak Lawn medical malpractice lawyer today to learn about your rights, as well as how a medical malpractice lawsuit might help you recover emotionally, physically, and financially.