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What is a “Standard of Care” in a Medical Malpractice Case?

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Harvey L. Walner & Associates, Ltd.

August 17, 2015

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When you seek medical care, you trust that your caretaker will act in your best interests. But when a doctor or nurse fails to act in an appropriate manner, it’s the patient who ultimately pays. If you or a loved one has suffered while in the care of a healthcare worker, please contact the law office of Harvey L. Walner & Associates today at (312) 313-2888 to discuss your case with our Illinois medical malpractice lawyer.

Medical malpractice is a complex branch of law, but all successful lawsuits have to prove four essential facts.

  1. The doctor had a duty to look after the health of the patient. This means that you sought treatment, and the doctor provided treatment for you.
  2. The doctor breached his or her duty. This means that the doctor acted in a negligent manner that does not meet the appropriate standard of care.
  3. The doctor’s breach of duty caused your injury. This means that the doctor’s negligent actions directly led to the conditions for which you seek medical malpractice damages.
  4. Your injury caused specific damages. This means that you have experienced emotional or physical pain, incurred otherwise unwarranted medical bills, lost work opportunities, or otherwise suffered because of the doctor’s actions.

Most cases highly depend upon proving the second of these four criteria, with specific attention paid to the question of standard of care. This usually involves bringing in an expert medical witness who can testify under oath that your doctor acted in a way that is considerably different than how most similarly qualified doctors would have acted.

Medical professionals have an obligation and a duty to look out for their patients, but when a doctor or nurse fails to act responsibly, trust an experienced Illinois medical malpractice lawyer to stand up for your rights. Please contact Harvey L. Walner today at (312) 313-2888 to schedule your free case evaluation.

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