There’s an expectation when we seek medical care that the providers and facilities we trust to manage our care will be well-trained and competent in their area of practice, and that they will take all necessary measures to avoid mistakes that could cause injury or death. While it’s understood that medical procedures do come with certain proscribed risks, when doctors, nurses, or the facilities they work for do not meet the basic expectations for care, the results can become a case of medical malpractice.
If you or a loved one is the victim of a medical error or oversight, an experienced Monticello medical malpractice lawyer can meet with you to discuss the details of your case. A dedicated injury attorney could explain your legal rights, evaluate your potential case, and guide you through the process of pursuing a claim.
Does My Case Qualify as Medical Malpractice?
You or a loved one may have experienced a negative medical outcome and are wondering “is this medical malpractice?” Malpractice is defined as a situation in which a medical professional deviates from the accepted standard of care, and either does something they should not have done OR they neglect to do something that they should have done. Either by error or omission, the medical provider deviates from the accepted standard of care, and that deviation causes harm to a patient. Keep in mind, the doctor does not have to intend to harm the patient for it to be medical malpractice. Even excellent and well intention doctors occasionally make a mistake, much like how even a careful driver from time to time may run a red light. If this happens, much like the driver who runs a red light, they are responsible for the harm that is caused to their patient.
Obviously not every negative medical outcome is medical malpractice, but a Monticello lawyer can review the details of your case, consult with experts regarding the standard of care, and help you understand how the law applies to your specific situation.
Standard of Care for Healthcare Providers
Determining the medical standard of care in a given situation often requires consulting with medical experts. Generally, the term “standard of care” is defined as the level or type of care that a reasonably competent and skilled health care provider with a similar background would have provided under the circumstances leading to the alleged malpractice.
In a malpractice claim, expert witnesses may be called upon to determine what standard of care applies to your case. The essential question will be – did the medical professional or facility provide the level of care that one would expect from any other reasonably competent medical professional or facility given the same set of circumstances?
When it can be established that the standard of care was not met and a patient is consequently injured or even dies, the patient or the patient’s family can seek financial compensation for the injuries or losses they have suffered. It’s important to understand that a malpractice claim does not mean that you believe the medical provider had ill-intent. It means there was either negligence, omission, or error that led to otherwise avoidable harm. A medical malpractice attorney in the area can review your case, and consult with experts to determine what standard of care applied in your case and whether that standard was met.
Causes of Medical Injury in Monticello
There are a variety of medical mistakes or oversights that can result in a medical malpractice claim. The more common occurrences include things like giving the wrong dose or wrong type of medication, operating on the wrong body part or the wrong patient altogether, leaving an object in a surgical site following an operation, allowing a patient to be injured in a fall, or misusing a medical device. All of these would be considered medical malpractice.
Another form of medical malpractice that can occur is the result of a misdiagnosis or failure to diagnose – cancers, blood clots, tumors, infections, and heart conditions are occasionally overlooked during medical exams. Delayed treatment for any of these conditions may be result of the oversight, which can lead to serious consequences for the patient, or even death.
Call a Monticello Medical Malpractice Attorney for Help
Cases involving medical malpractice are some of the most complex of all personal injury cases. They require substantial resources to investigate and pursue. If you feel you may have a medical malpractice case, you will almost certainly need help from an attorney to successfully pursue a claim.
Call today for a free, no obligation consultation. We will listen carefully, discuss your claim and your options, and if it appears you may have a claim, we can have the case evaluated and discuss your claim with the appropriate medical experts to get you answers and determine if there was a deviation from the standard of care. It is important to get started early, as these cases can take a long time to investigate and pursue, and deadlines or statutes of limitations apply to Illinois medical malpractice cases. Call today for a free consultation to get help with your Monticello medical malpractice claim.