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Viable Medical Malpractice Claims

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at 844SeeMike.
  • Over 20 years of experience in Personal Injury.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

According to the American Board of Professional Liability Attorneys, medical malpractice occurs when “a hospital, doctor, or other health care professional causes an injury to a patient through a negligent act or omission;” negligence often results from errors in treatment, health management, or initial diagnoses.

Any health care professional who assumes full or partial responsibility for the medical and/or psychological well-being of a patient, including nurses, specialists, pharmacists, and even psychologists, may be found guilty of medical malpractice.

Legal claims for medical malpractice often share these characteristics:

  • A doctor-patient relationship – You must demonstrate the professional relationship and agreement between you and your doctor for medical service; questions related to this factor may arise when a patient was not treated directly by the consulting physician in question.
  • Violated standard of care – The “standard of care” is a sum of standards recognized by the health care industry as acceptable medical treatment. Patients have the right to expect that their health care is consistent with these standards, and violations can be addressed in legal claims.
  • An injury caused by negligence – This goes beyond dissatisfaction with medical treatment or its results; you must prove that you sustained an injury which was caused directly by negligence, and the doctor’s responsibility for patients who are already sick or injured is debatable in many cases, as well. A strong link between negligence and the injury must be established to have a viable MM claim.
  • The injury caused significant damage – Litigation for medical malpractice claims can be expensive and require the testimony of multiple medical experts, as well as hours of testimony via deposition. For a strong claim, you must be able to show and demonstrate each extent of damage caused by the injury: not only physical damage and pain and suffering, but also disability, lost income, and past and future medical expenses.

Some of the more common forms of medical malpractice include:

  • Errors in anesthesia – Even small errors by anesthesiologists can have major consequences during a surgery and are taken very seriously.
  • Misdiagnosis or failure to diagnose – Delayed and missed diagnoses make up a large percentage of MM claims, as they often result in missed opportunities for treatment which could have prevented serious harm or death.
  • Improper medication/incorrect dosages – These errors often occur at the time of prescription or administration of the medicine and can result in serious complications and even death.

If you or a loved one has suffered an injury due to medical malpractice, 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.

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