Do you think you are a victim of medical malpractice? Would you like to know the basic foundations of a medical malpractice case?
The concept of medical malpractice involves the improper, negligent, reckless, and unskilled treatment of a patient by a physician or other healthcare professionals. In most cases, medical malpractice lawsuits usually result in monetary compensation for the victims of negligence.
Moreover, medical malpractice suits can help regulate the medical profession.Doctors and other medical professionals claim that medical errorcases often warrant unnecessary financial burdens. However, most medical malpractice laws are established to help patients recover unnecessary expenses from any damage resulting from sub-standard patient care and treatment.
Aside from this, medical malpractice regulations and standards vary between states and countries.So, if you want to file a legal suit in Windy City, you can talk to a medical malpractice lawyer in Chicago for a free consultation.
The Four Elements of Medical Malpractice
Here are the four elements of medical malpractice to help you gain a better understanding of your case.
Professional Relationship
A professional relationship must be established. A Chicago medical malpractice lawyer would start the suit by proving that you and the medical practitioner have a professional-patient relationship at the time of the injury.
These are supported by documented evidence. In this case, a professional relationship can be established using signed consent, medical bills, prescriptions, or consultation fee receipts.
A duty must be owed by a healthcare professional to the patient. Suppose medical advice was informally given through a casual conversation that resulted in damage and harm. In that case, youcan’t sue that particular person because there was no established professional relationship.
Breach of Duty
Breach of care is an act of negligence. This is the primary factor for any medical malpractice case. So, if you decide to pursue the case, you and your attorneymust provide substantial evidence that the defendant was negligent and has failed to provide the required duty of care.
A breach of duty happens when the healthcare professional failed to provide the standard of care. If a healthcare professional fails to adhere to the standards set by his profession, one can accuse him of negligence.
Cause
The cause is the crucial aspect for linking the breach and the injury.The patientalso needs to prove that the damage and harm were directly caused by the medical practitioner’s failure to follow the set standards of his profession.
Moreover, this relation between the healthcare provider’s breach and the patient’s injury must be successfully and powerfully founded.
Damage
Damage is the injury resulting from negligence. It can be an emotional or physical form of patient suffering during the medical professional’s care. In addition, the damage or injury can be a new one resulting from the breach. Similarly, it can also be an aggravation of an already existing injury.
Damage is not only limited to one’s emotional and physical aspects. It can also include your finances, such as your medical bills or the possible loss of income.
Should I Talk to A Chicago Medical Malpractice Lawyer?
Talking to a medical malpractice lawyer in Chicago is free.If you think you are a victim of medical malpractice, it is essential to speak to a lawyer right away. Expert advice can significantly help you move your case forward.
