What Do You Have to Prove in a Medical Malpractice Case in Illinois?

Posted on in Medical Malpractice

IL injury lawyerWhen you have an injury or illness that needs treatment, you want to believe that the people you are seeking help from know what they are doing and have the skills to keep you safe. Unfortunately, medical malpractice is not an uncommon occurrence. According to the National Practitioner Data Bank (NPDB), which compiles information about adverse actions and malpractice payments across the country, there have been more than 58,000 adverse actions or medical malpractice claims paid out since 2020. It is fair to say that everyone makes mistakes, but when you are handling something as serious as someone’s health, negligence is unacceptable. If you have experienced the effects of a negligent physician, you may be able to file a medical malpractice claim to gather compensation.

Elements of a Medical Malpractice Case

In general, medical malpractice is characterized by a physician’s negligent action to harm a patient, causing them to suffer a loss. In order for an injury to be a malpractice case, there must be three separate elements present: a clear violation of the standard of care, an injury that resulted from the violation, and damages that result from the injury. Without all three of these elements, you do not have a medical malpractice case.

  • Violation of the standard of care: A negligent action can come from a physician or other healthcare professional in a variety of ways. In general, however, a negligent action is typically a deviation from the standard course of treatment utilized and accepted by most physicians under similar circumstances.
  • An injury that arose from the violation: You must be able to prove that you suffered an injury from that violation. It is not sufficient to say that the physician simply violated the standard of care - you must also be able to show your injury, or in some cases, death.
  • Damages that were sustained from the injury: Finally, you should be able to show that you sustained damages because of the injury that you sustained from their violation of the standard of care. Damages could include funeral or burial costs if the patient died, or it could include things like disability and lost wages for a patient that suffers an injury.

Our Orland Park, IL Medical Malpractice Attorneys Are Here to Help

It only takes one small mistake to change a person’s life. If you or a loved one has been injured at the hands of a physician or other medical professional, you should discuss your case with an Illinois medical malpractice lawyer. James A. Payonk Jr., Attorney at Law, has the knowledge and experience to protect your interests when negotiating fair compensation for your injuries. To schedule a free consultation, call our office today at 708-966-2408.

 

Sources:

https://www.medicalnewstoday.com/articles/248175

https://www.npdb.hrsa.gov/analysistool/

https://www.abpla.org/what-is-malpractice#:~:text=Medical%20malpractice%20occurs%20when%20a,treatment%2C%20aftercare%20or%20health%20management.

James A. Payonk, Jr.

10705 W 159th St.
Orland Park, Illinois 60467

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708-966-2408