Understanding Medical Malpractice Claims in Illinois

 Posted on October 12,2022 in Medical Malpractice

There is little room for carelessness in a medical setting. When the lives and health of patients are at stake, it is critical to use a high level of professional care at all times. A single negligent error by a medical professional can result in severe and lasting harm to a patient who relied on the care provider. Missed or delayed diagnoses are very common and can result in the unchecked progression of a disease such as cancer to a point at which it can no longer be treated as easily or effectively. Prescription drug errors might fail to treat the underlying health issue, and they can lead to all manner of harmful reactions to an unneeded or errantly prescribed drug. Surgical errors frequently require repeat surgery to correct and can leave a patient hospitalized and in pain for a prolonged period, even if the damage can be reversed.

Medical malpractice can be incredibly dangerous for the patient. If you believe that you have suffered harm as a result of medical malpractice, it is advisable to speak with an attorney upon your first suspicion. 

What Must be Proven in a Medical Malpractice Claim?

Two of the most critical facts that must be proven are that your healthcare provider was negligent in treating you, and that you suffered harm as a result. It is not necessary to prove any sort of malicious intent on the part of the doctor. Even a well-meaning care provider can make a mistake that would not generally be made by a reasonable person in their profession. If said unreasonable mistake ultimately results in avoidable harm to you, it is likely that you have a valid claim for medical malpractice. 

Defining a Careless Mistake

Doctors, dentists, surgeons, and nurses are all held to a standard of professional care. Each must act as a reasonable member of their profession. These standards are based on what is acceptable practice for each medical profession, and what is reasonable for a professional in the care provider’s position to do in a given situation. For example, a reasonable and careful nurse may not notice the subtle signs of cancer in a patient and may not be expected to, while a reasonable doctor could have little excuse for failing to catch the signs promptly enough to investigate and begin treatment in a timely manner. 

The Injury Requirement

To recover compensation in a malpractice claim, a patient must show that they have suffered harm as a result of the provider’s neglect. The injury need not be permanent or life-altering, but rather, any form of quantifiable harm may suffice so long as it can be proven. Inflicting harm is not necessary if harm could have been prevented. For example, if a doctor misses a cancer diagnosis and the disease progresses to a point it would not have had the diagnosis been made in time, this requirement is generally met. 

Contact a Cook County Medical Malpractice Attorney

Adler Law Offices, LTD is skilled in building strong cases against careless health care providers who have caused harm to a patient. Our caring Mount Prospect medical malpractice lawyers will strive to collect the proof needed to prevail in your case. Call 312-236-2700 for a free consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-622