It is accepted that any medical treatment could carry risks. And while we do not expect medical providers to be perfect, we do anticipate that they are competent and trained in their field and will take every precaution to avoid errors that are preventable.
Unfortunately, sometimes medical professionals fall short of meeting those expectations, resulting in what is known as medical malpractice. A mistake or oversight by a doctor or medical facility can lead to tragic consequences. If you believe you or a loved one has been involved in a case of physician negligence, an experienced Pontiac medical malpractice lawyer could help. A dedicated injury attorney could review your case, help prepare you for litigation, and let you know what you can expect as you move through the legal process.
What is Medical Malpractice?
Malpractice can either involve a doctor or other medical professional who does something they should not have done, or a doctor or medical professional who omits doing something they should have done and fails to meet the accepted standard of care. Not all situations meet the criteria of malpractice but if you believe you have been harmed by a doctor’s action or omission, an experienced malpractice attorney in the area could discuss your case at no obligation or cost to you.
What is the Standard of Care?
A “standard of care” has been established in medicine which simply defines how a competent medical professional will respond given a similar background and set of circumstances. For example, the standard of care for an emergency room physician will differ from that of a family practice doctor as the circumstances in which they practice are not the same. The standard of care is what will determine the validity of any malpractice case. Expert witness testimony will help settle a dispute regarding standard of care.
If the medical professional or facility does not meet the standard of care and the patient is injured or dies, a medical malpractice claim can be filed seeking compensation for damages. Medical malpractice does not require intent, but rather negligence, omission, or error. A Pontiac lawyer who is experienced in malpractice could help determine what standard of care should apply to your case.
Types of Medical Negligence Claims
Medical care is seldom a straightforward affair and not every bad outcome is the result of negligence. However, there are a number of common types of medical injuries that clearly fall into the category of things that should never happen. These include things like operating on the wrong patient, the wrong body part, or doing the wrong procedure altogether, leaving a foreign object in a surgical site, medication errors, injuries from falls or restraints, or misuse of, or failure to properly maintain, a medical device.
Other malpractice claims can be the result of missed or delayed diagnosis which can lead to delayed treatment or the wrong kind of treatment altogether. Cancer, tumors, blood clots, heart conditions and infections are some of the conditions that are often misdiagnosed, which can lead to serious injury or even death.
How Do I Know if I Have a Malpractice Case?
The only way to know for sure if you have a medical malpractice case is to consult with a Pontiac lawyer, who could review your case with a knowledgeable, licensed medical professional to determine whether you have a potential claim. In the state of Illinois, a malpractice claim must first be certified by a licensed physician in most cases before it can be filed. The sooner you reach out to an experienced attorney, the more time he or she will have to review and evaluate the facts of your case before the filing deadline.
What is an Expert Witness?
Expert witnesses are used in a medical malpractice claim to explain the standard of care, medical terminology and procedures to jury members, and outline how the medical professional or facility failed to meet the established standard of care. An expert witness is hired by a party to a medical malpractice suit to provide their testimony at a trial.
Call a Pontiac Medical Malpractice Attorney for Assistance
Medical malpractice cases are some of the most complicated of all personal injury cases. Due to the complexity of these cases, having an experienced malpractice attorney to help you navigate the legal requirements is essential for anyone who feels they or a loved one has been harmed by the negligence, error, or omission of a medical professional.
As experienced Pontiac malpractice lawyers, we could review your medical records, hear your story, and consult with other medical professionals for their expert opinion. We do this at no expense to you. We are only paid when we successfully see your case through to a compensatory award for the injury or damages you have suffered. Contact us now for a free consultation.