Elements of Medical Malpractice

Doctors are commonly held to the highest standard of care, but not a standard of perfection. Unfortunately, negative outcomes do occur in medical science, and despite the alarmingly-high ranking of medical malpractice as a cause of death in the United States, not all negative outcomes directly result from the negligence of a health care professional. Thus, it’s important to understand how some outcomes do indeed result from negligence and can be legally proven as such.

Medical negligence commonly involves deviation from an accepted standard of care by a health care professional. For example, this could mean a misdiagnosis, failure to order a necessary test for a patient, or failure to order a necessary caesarean section in a timely manner which results in a birth defect. When the appropriate standard of care is violated, legal responsibility for the victim’s injuries and losses may fall onto the doctor, hospital, particular health care professionals, or a combination of these.

A viable medical malpractice claim requires a number of factors to be met, and they can be complex despite their simplicity on the surface. First – though it goes without saying – there must have been a legitimate doctor-patient relationship in which the doctor owed the patient a reasonable duty of care. Second, it must be proven that the doctor deviated from this duty of care. Third, the patient must have been injured as a direct result of the doctor’s deviation from the standard of care. The second and third factors – whether the deviation occurred and whether it directly resulted in the patient’s injuries – can only be legally established once the medical records are reviewed by a medical expert.

It may be difficult to believe that medical malpractice is our country’s third-leading cause of death, but it is the reality we face today. Injuries resulting from medical malpractice can have lifelong repercussions, ranging from long-term medical expenses and lost wages to chronic pain and lost quality of life, and when this negligence results in a birth defect it can ruin a life before it has even begun. Negligent health care professionals must always be held accountable for failing to fulfill their standards of care, and if you have been a victim of medical negligence, you need an experienced personal injury attorney who will fight for your rights and compensation until the very end.

If you or a loved one has been a victim of medical malpractice or negligence, contact 844 See Mike, LLC for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.