Medical malpractice or medical negligence occurs when a health care practitioner fails to meet an accepted standard care, which causes you harm. Medical negligence can be the fault of any health care provider who does something that a competent doctor would not have done, resulting in personal injury or wrongful death.
At Harvey L. Walner & Associates, Ltd., we negotiate with doctors, insurance companies and Medicare/Medicaid to get you the money you deserve. Our compassionate attorneys are dedicated to making sure that you and your family are taken care of following your medically-negligent injury.
Thousands of patients die every year as a result of medical negligence. While the medical field is a highly-regarded profession, this astonishing statistic gives you every right to be wary of the quality of your medical treatment and the established safety standards in hospitals, doctor’s offices and clinics throughout the country.
Examples of Medical Negligence
Medical negligence includes any omission or negligent act by any member of the medical staff, such as:
- Emergency room mistakes
- A misdiagnosis or delayed diagnosis
- Failure to diagnose
- Surgical mistakes
- Medication errors
- Incorrect treatment
- Birth injuries
- Medically-related nursing home negligence (failure to administer medication, etc.)
If your doctor failed to return your phone call, or neglected to follow-up with you after treatment, this also constitutes medical negligence. Maybe you did not receive the results you were looking for, or did not receive the treatment plan to best meet your needs.
If you become injured as a result of these scenarios, you could file a claim against one or more medical practitioners who caused you harm. Besides medical staff, you could also bring a claim against local, state or federal agencies that operate hospital facilities.
The Theory of Negligence
To establish medical negligence, injured patients must prove:
- That the doctor or other medical practitioner owed you duty of standard care (establish your doctor/patient relationship).
- That the health care professional deviated from that acceptable standard of care, and therefore breached the duty owed to you, the patient.
- That this deviation from the standard of care caused your injury
- The validity of your injury (by documentation and medical records)
Why Hire an Attorney
Medical malpractice laws are complex. They involve the analysis of medical records and all tests and studies such as an MRI, CT scan, pathology studies, etc. to determine the validity of your claim. This is why it is important to consult a qualified Chicago medical malpractice attorney who has a clear understanding of the complicated laws as they apply to your case.
Please see our Medical Malpractice Questions for more information about medical malpractice and medical negligence.
The Chicago medical negligence attorneys at Harvey L. Walner & Associates, Ltd. can help you get the money you deserve. If you live in the Chicago area and have been the victim of medical malpractice, please call or email our office today. We offer free consultations and will never charge unless we get money for you.
If you or a loved one has been hurt, and you need help, please call or email us today or text "malpractice" to 41513 for a FREE consultation.