Any time someone visits a doctor, hospital, or dentist, they expect that the medical professionals who treat them will do their jobs with the utmost skill and care. In fact, this expectation is not just something that patients should expect but is actually codified by Illinois law. As such, any failure on the part of a medical professional to meet this standard that results in a new or worsening injury may be grounds for a medical malpractice claim.
A Lake County medical malpractice lawyer could work with injured patients and their families to pursue negligent doctors and hospitals for compensation. There is no limit to the compensation that you could demand through such a case, and a skilled personal injury attorney could work with medical experts to give their clients the best chance possible to collect maximum compensation.
In many ways, a medical malpractice case is similar to any other civil case that alleges a personal injury, in that the plaintiff has suffered a new or worsening injury due to the negligence of a defendant. It just so happens that the defendant in this case is a medical professional who has a duty to perform their craft with a certain level of skill.
Under Illinois Jury Instruction §105.01, any medical professional must perform their job with the level of skill, care, and knowledge used by a reasonably careful peer. Therefore, a medical professional is negligent if the care they provide does not meet the standards of a similar professional faced with the same patient.
A plaintiff in a medical malpractice case must present evidence that the care received violated this duty. To do so, they must rely on the testimony and reports of an expert witness.
According to 735 ILCS 5/2-622, all plaintiffs must submit an affidavit with their complaint to the court that states that an expert has examined the case and that, in that expert’s opinion, malpractice did occur. This same expert should provide direct testimony in court as to how this malpractice caused the plaintiff’s injuries. A Lake County medical malpractice lawyer could help plaintiffs seek out such experts and to work towards a beneficial relationship.
Some examples of malpractice are so simple that even non-medical professionals can tell something has gone wrong. The classic example here is a foreign object being left in the body following a surgery. However, most medical malpractice cases are more complex.
Perhaps the most devastating malpractice cases involve a failure to diagnose. Especially in cases involving serious illnesses such as cancer, a quick diagnosis can be vital to a patient’s survival rate. If a doctor learns of complaints made by a patient and does not properly investigate all possible root causes, the disease may be discovered too late to be treatable.
Malpractice can also occur during otherwise routine procedures. Something as simple as inserting a needle to administer a medication or to draw blood can lead to serious injuries if not performed properly. A medical malpractice lawyer in Lake County could assist clients to investigate their injuries to determine if a lawsuit would serve their interests.
The prospect of filing a medical malpractice claim can be intimidating and off-putting. Individuals may think that it is a hopeless proposition to sue a large hospital, or that the facts of the case would be so complex that they could never be properly explained to a jury.
A Lake County medical malpractice lawyer could you simplify your case and provide the resources needed to fight back against even the most powerful defendants. They could work to connect you to qualified experts willing to testify on your behalf, aim to gather the relevant evidence, write a demand package that ask for full compensation, and argue your case before the court. Call today to learn more.