Medical malpractice is a legal term that deals with cases where a professional health care provider fails to adhere to the standard of care, which leads to the injury or death of a patient. Because the legal issues pertaining to Illinois medical malpractice claims are extremely intricate and contain a high level of complexities, it is important to hire an experienced personal injury lawyer to pursue a successful claim against the negligent party.
Medical Malpractice in Illinois
In the U.S., laws related to medical malpractice differ from state-to-state. In Illinois, in order to establish a successful medical practitioner claim, the plaintiff must prove three points:
The standard of care (or duty) a defendant owes to their patient
The defendant deviated from the standard of care (breach of duty)
The resulting injury was caused due to that breach of duty
Types of Medical Malpractice Claims
There are different types of medical malpractice claims a victim may pursue against the negligent party. The most common ones include anesthesia errors, birth Injuries, obstetrical negligence, diagnostic errors, emergency room negligence and medication or surgical errors. Performing an unnecessary medical treatment or breaching the confidentiality of doctor-patient agreement may come under the umbrella of medical malpractice.
Establishing Liability in Illinois Medical Malpractice Claims
Under Illinois law, the medical malpractice is governed under a form of modified comparative negligence law. A medical malpractice claim can only be pursued if the contributory fault of the claimant is less than 50 percent of the proximate cause of the injury. Also, financial compensation is reduced in proportion to the percentage of fault. If the contributory fault is proved to be more than 50 percent, a claimant may not have a valid claim to pursue against the negligent party.
Under Illinois law, a defendant who is facing charges of medical malpractice is jointly and severally liable for all damages. Therefore, in case of more than a single defendant, the plaintiff has a legal right to pursue full recovery from any negligent party by hiring a skillful personal injury lawyer.
Why Hire a Lawyer?
A competent personal injury lawyer will gather evidence and devise an effective medical malpractice case against the negligent party or parties, which helps you obtain the right amount of compensation for your economic and non-economic damages such as medical expenses, lost wages, disability, disfigurement, loss and sufferings, amongst others. Your attorney will allow you to focus on your recovery and ensure your legal rights remain protected throughout the litigation process.
If you wish to find out more about medical malpractice claims in Illinois or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.