In order to qualify for compensation through a settlement or award, you must prove four separate legal factors to show that you were the victim of medical malpractice. Medical negligence is one of the four factors needed to prove a valid medical malpractice claim.
Medical negligence occurs when a medical professional or medical personnel fails to uphold the appropriate standard of care through their action or inaction. Medical negligence is required to prove a claim of medical malpractice; however, negligence alone cannot support a valid case. You must also prove that there is a duty of care, causation, and injury.
The Four Elements of a Valid Medical Malpractice Case
Under Illinois law, you will have to submit an affidavit of merit and other documentation from a medical expert witness so that you can prove all four elements of file your lawsuit.
Duty of Care
A medical care professional must have an established duty of care towards you in order to hold them responsible for your malpractice injuries. This could mean that they were your doctor, or had a doctor/patient relationship with you, including consulting on your case or treating you in an emergency room or hospital.
Standard of Care and Violation of the Standard of Care
Qualified medical expert witnesses can help document how your doctor deviated from his or her standard of care toward you by offering their opinion on your case. This can be done through the expert witness’s experience in a similar training or medical community as your doctor. Medical negligence relies on whether or not the standard of care has been violated, and expert witness testimony can help prove that.
The medical care provider’s negligence must have caused you to suffer injuries that were preventable. You may be required to provide expert witness testimony or have your medical records analyzed in order to prove causation.
Documentation of Injury and Losses
You must suffer documented injuries and financial losses to have a valid medical malpractice case and recover losses. Recoverable compensation may include medical care costs, lost wages, out-of-pocket expenses, pain and suffering, and more.
Medical Negligence Does Not Always Support a Medical Malpractice Case
Medical negligence is essential in a medical malpractice case, but establishing proof of negligence does not always mean you have a valid malpractice case. There are several reasons why this could be true. Most commonly, victims did not suffer significant injuries, and there were only minor losses, so it does not make financial sense to take legal action. The legal costs will exceed the recoverable compensation from a settlement or court award.
Generally, medical negligence can support a malpractice case when the negligence caused the patient to suffer additional injuries. Injuries, in this sense, may include:
- Unreasonable side effects or complications.
- Unexpected medical problems that are unrelated to the initial complaint.
- Conditions that require additional medical care.
For a free legal consultation, call (800) 794-0444
Discuss Your Potential Medical Malpractice Case with a Medical Malpractice Attorney Serving Chicago
If you believe your doctor or another medical care provider acted negligently and caused you to suffer additional injuries, you may have a valid medical malpractice case. Reach out to a medical malpractice lawyer serving the greater Chicago area for a free case review. A representative from Pintas & Mullins Law Firm is available now.
We can help you understand the elements present in your case and explain if we believe you have a strong enough case to pursue legal action. We do not believe victims of medical malpractice should have to shoulder the costs of their subsequent medical care, lost wages, pain and suffering, or other expenses.
We will not shy away from complex cases and handle every case on a contingency fee basis. You pay nothing out-of-pocket, and we do not receive attorney’s fees unless we recover a payout for you.
Reach Out to a Member of Our Team Today for Your Free Case Review
The medical malpractice team from Pintas & Mullins Law Firm can come to you for an in-home consultation or meet with you anywhere in or around Chicago. Our initial consultations are always free, and we will evaluate the merits of your case during this visit. We can build a case and take legal action on your behalf if you qualify.
Call (800) 794-0444 today to get started on your complimentary case evaluation with a member of our team.