However, there are times when these institutions do more harm than good and end up injuring their patients further. When that happens, it could be considered medical malpractice, and the injured patient may have the right to sue for expenses and other damages that occurred as a result of the accident.
Medical malpractice cases are some of the hardest and most complex to fight in court. If you wish to file a medical malpractice lawsuit, you should strongly consider hiring a seasoned medical malpractice lawyer who could help you form an effective case for the compensation to which you may be entitled.
Defining Medical Malpractice
Sometimes, doctors are simply unable to help their patients. A condition may have advanced too far to be treatable, or certain treatments may not work in specific cases. Situations like these do not always constitute a medical malpractice claim.
In order for medical malpractice to occur, there must be a doctor-patient relationship established. Then, the doctor or another healthcare professional must be negligent in administering a proper standard of care. Lastly, after that negligent treatment or behavior occurred, the patient must have sustained injury or even passed away as a direct result of that negligence.
These prerequisites can be difficult to establish, but typically courts define malpractice based on what another healthcare professional would have done in a similar situation. If the defendant in a medical malpractice case did not reach this standard of care, negligence may have occurred. A medical malpractice lawyer in can help patients determine if the standard of care they were owed was breached by a healthcare professional.
Types of Medical Malpractice
Many people think that they can only sue for medical malpractice if something went wrong while they were being treated for a sickness or condition. While that may certainly qualify as a type of medical malpractice, there are other forms as well.
Any time a patient does not receive the proper care they need and is injured as a result, it may be valid grounds for a medical malpractice case. This may include but is certainly not limited to:
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- Misdiagnosis
- Mistakes made during surgery
- Prescribing the wrong medication
- Waiting too long in an emergency room
Damages in Medical Malpractice Cases
Filing a medical malpractice lawsuit against a healthcare professional may help an injured patient receive damages, or compensation, for expenses and losses they incurred as a result of that malpractice.
Expenses that have an actual dollar amount placed on them—such as medical expenses—are known as economic, or compensatory, damages. However, settlement demands can also factor in non-economic damages such as pain and suffering, which do not have an objective dollar value.
Historically, there were caps placed on non-economic damages in the state of Illinois. In 2010, though, the State Supreme Court found that these caps went against the state’s constitution. As a result, there are no caps on any type of damages a plaintiff may receive in a medical malpractice case in Chicago today.
Talk to a Chicago or Tampa Medical Malpractice Attorney Today
A person injured due to medical malpractice could file their own lawsuit and represent themselves in court. However, this is extremely difficult and may leave the plaintiff without the full amount of compensation they may be entitled to, or without any compensation at all.
A skilled attorney could help you work through the complexities these cases always carry. In addition, attorneys know how to fight back against healthcare professionals who contest accusations of malpractice, as well as the insurance companies that try to protect them.
If you were injured through medical malpractice, do not try to file a lawsuit on your own. Instead, call a dedicated Chicago or Tampa medical malpractice lawyer who knows how to win these cases and could fight to get you the compensation you need.
Larry Wins Medical Malpractice Cases
With over $1 Billion in recoveries for our clients, Larry Disparti knows how to win! Plus, there is no fee unless we win your case. Contact our Chicago and Tampa Medical Malpractice attorneys today and you may join the thousands who say, Larry Wins!
Chicago Medical Malpractice Lawyer (312) 600-6000.
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