When we undergo any kind of medical treatment, we accept that there is a level of risk involved, but we also expect that our doctor will avoid preventable errors. We assume they are well trained and competent in their field. When these expectations are not met and the outcome is less than favorable, a doctor can be charged with medical malpractice and a patient may be awarded financial compensation for damages caused by the negligence of the medical professional.
If you believe you or a family member experienced a negative outcome from a medical procedure as a result of an error by a doctor, hospital or other medical practitioner or facility, a Clinton medical malpractice lawyer could be beneficial. A hardworking injury attorney could review the facts of your case and represent you as you seek financial compensation.
Is it Medical Malpractice?
Medical malpractice involves a healthcare professional who either does something they should not have done, or omits doing something that they should have done. In medicine, there is a concept called the “accepted standard of care.” When that standard is not met, the result can be a malpractice claim. If you believe you or a loved one were injured by the action or omission of a medical professional or facility, a Clinton attorney with malpractice experience could hear the facts in your case at no cost or obligation to you to help you determine if you have grounds for a civil claim.
What Does “Standard of Care” Mean?
The “accepted standard of care” involves establishing how any medical professional who is competent in their field, given the same circumstances and a similar background would act. Since the standard of care can vary from case to case, it is often necessary to bring in an expert to help establish exactly what the standard would be in each situation. Your attorney can consult with a medical expert to help determine the standard of care that would apply to your case.
Once it can be established that the standard of care was not met and the result was an injury, or perhaps even death, a malpractice suit can be filed against the doctors or medical facility responsible for the neglect, omission or error. It is important to note that it is not necessary to prove that a doctor or medical professional had intent to harm for a malpractice case to go forward.
What is an Expert Witness?
An expert witness is exactly what it sounds like – a professional who is hired to testify at a trial to establish the standard of care in a malpractice case and to explain any medical procedures and terms that are involved in the claim. A local lawyer could know if and when an expert witness is needed in a medical error case.
Do I Have a Medical Malpractice Claim?
A negative medical outcome becomes a doctor malpractice claim when it is determined that the outcome was avoidable. Some of these outcomes are the result of obvious mistakes, like performing the wrong procedure, operating on the wrong body part, or even the wrong patient, prescribing or administering medication incorrectly, or leaving an object in a surgical site. These are all examples of egregious errors that point to malpractice.
However, malpractice can also be determined when a patient receives the wrong diagnosis, or when a doctor misses diagnosing an illness, both of which can lead to improper, delayed or missed treatment. Some of the more commonly misdiagnosed conditions involve heart problems, blood clots, cancer, or serious infections. Any of these can lead to serious injury or even death, and may meet the criteria for a malpractice claim.
In the state of Illinois, a medical malpractice attorney would review your case and then consult with a medical professional who has experience in the area of practice in question to determine whether the standard of care had been met. A malpractice case is typically reviewed by a licensed physician before a lawsuit can be filed in court.
Get Help Today from a Clinton Medical Malpractice Attorney
Call our office today if you or a loved one has been injured by the error, omission, or negligence of a medical professional or facility. The initial consultation is always free and at no obligation to you. We are only paid when your case is settled and you have received the compensation you deserve. We are ready to review your case, consult with experts, explain your right to seek compensation, and file your claim for compensation.
Due to the complex nature of medical malpractice cases, not every personal injury lawyer will handle them. Talking with an experienced Clinton medical malpractice lawyer is a good first step if you believe you have a malpractice injury claim. Contact us now.