What is Medical Malpractice?
We trust that doctors and other healthcare providers will treat us responsibly when we are sick or injured. Sometimes we even put our lives and the lives of our loved ones in their hands. When they fail to properly perform their duties with a reasonable level of care, or perform so negligently that we suffer harm, that medical professional may have committed medical malpractice.
Medical malpractice happens when “a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient,” according to the American Board of Professional Liability Attorneys, the only American Bar Association-accredited organization that certifies lawyers in medical malpractice. Medical malpractice may be the result of negligent acts involving errors in diagnosis, treatment, or health management.
Elements of Negligence
The elements of negligence for medical malpractice cases are similar to the elements for other types of personal injury cases. In a medical malpractice case, the patient has to prove that the doctor owed them a duty and that the doctor failed to exercise reasonable care or breached the duty. The defendant must also show that damages were caused by the breach of duty.
The main difference between a medical malpractice action and another negligence action is that typically a medical expert will testify to establish liability and proximate cause in the medical malpractice context. In medical malpractice cases, the patient’s lawyer will often hire an expert who is a doctor like the defendant to review the evidence and determine if malpractice occurred.
Medical malpractice often results in catastrophic injuries that can last a lifetime. These preventable medical errors can put a severe strain on victims and their families. The victim may need help with daily tasks due to their physical injuries and experience a drastic decrease in their overall quality of life. They will likely be forced to incur significant medical expenses to treat the injuries they’ve suffered due to the substandard care they’ve received.
Because medical malpractice resulting in catastrophic injuries is preventable, you may be able to hold a doctor liable for damages. If you or a loved one has suffered as a result of a negligent health care provider, the Illinois medical malpractice lawyers of Spiros Law, P.C. can fight to help you get the compensation you need and deserve. Our experienced and skilled team is ready to represent you if you have been a victim in any of the following medical malpractice cases:
- Delayed diagnosis
- Improper treatment
- Unnecessary surgery
- Surgical errors
- Anesthesia errors
- Emergency room errors
- Improper drugs or dosage
- Birth injuries
- Poor aftercare
- Wrongful death
No one should have to suffer because of the negligent and careless acts of a medical professional. Our firm will fight for the full and fair compensation that you need and deserve.
Contact an Illinois Medical Malpractice Attorney
If you or someone close to you has been a victim of medical malpractice, the Champaign personal injury lawyers of Spiros Law, P.C. are here to help. Call us at (217) 328-2828 to schedule a free and confidential consultation.