How Do I Prove That I Was the Victim of Medical Malpractice?

 Posted on November 13, 2020 in Medical Malpractice

No one expects doctors to be perfect, but they are held to a very high standard when it comes to patient care. Doctors or other medical professionals who make a mistake that leads to a patient's injury or death may face a medical malpractice claim. Whether you or a loved one were a victim of a birth injury, surgical mistake, or hospital error, you probably have questions about whether your situation constitutes medical malpractice. You may also be unsure of what it takes to bring a successful malpractice claim. Read on to learn about what actions may be considered medical malpractice and the main elements needed to win a medical malpractice claim.

Understanding When Malpractice Has Occurred

Few would argue against the idea that doctors, surgeons, nurses, and other medical workers have some of the hardest jobs in the world. Understandably, they sometimes make mistakes. Minor mistakes that do not result in significant patient harm are not examples of medical malpractice. However, when a medical professional makes an egregious mistake that the average medical worker would never make, and a patient is injured or killed as a result, that professional may face a civil claim for damages.

To prove medical malpractice, you and your lawyer will need to demonstrate that:

• The defendant owed you a duty of care. Typically, this means showing that a physician-patient relationship existed. You cannot sue a doctor for bad medical advice given at a social event, for example.
• The defendant failed to uphold his or her duty of care. The standard used to determine whether a medical professional or medical facility acted negligently is called the “medical standard of care.” This is the quality of care that a reasonably skillful medical professional would have provided in the same circumstances. Because this is a theoretical standard, medical malpractice attorneys typically consult with experts to determine whether a doctor’s behavior violated the medical standard of care. Highly respected medical professionals may offer expert testimony during the case to support your claim.
• Your injuries were caused by the defendant’s negligence. Proving that the poor medical care led to your injuries is often more difficult than it may seem. The defense may argue that your injuries were a result of pre-existing conditions or that your injuries are not as severe as you claim. Expert testimony, medical records, and other evidence may be presented to show causation in a medical malpractice claim.
• You suffered damages as a result of your injuries. You must show that you suffered some type harm because of the medical negligence. This may be additional medical bills, lost income from missed work, and other costs incurred by your injuries, as well as the pain and suffering your endured.

Contact a Rockford Medical Malpractice Lawyer

If you suspect that you or a loved one were the victim of medical malpractice, contact a Winnebago County medical malpractice attorney from Mannarino & Brasfield, A Division of Schwartz Injury Law for help. We can help you determine if malpractice has occurred, identify the liable parties, gather evidence to support your claim, and fight for compensation on your behalf. Call our office at 815-215-7561 to schedule a free consultation.

Source:

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/IL_IPI_Civil.pdf