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How To Prove Medical Malpractice in Illinois

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Walner Law®

August 10, 2023


If you or a loved one have experienced bodily harm or a personal injury due to substandard medical care, then you may have a medical malpractice lawsuit on your hands. Illinois is actually one of the top 10 states providing medical malpractice payouts per capita.

Some malpractice claims include issues involving misdiagnosis, failure to diagnose, surgical mistakes, medication errors, and more. Here at Walner Law, you’ll learn more about medical malpractice, negligence, how to prove medical malpractice, and how an attorney can assist you with a claim. Learn how contacting a medical malpractice attorney can assist you here.

What Is Medical Malpractice?

You may be wondering whether you qualify as a medical malpractice victim and whether you can file a claim for a medical mistake. By definition, medical malpractice typically refers to situations where a healthcare provider fails to provide quality care to a patient, resulting in harm or injury. In the state of Illinois, a malpractice suit can be complex and difficult to navigate. That’s why it’s crucial to have an experienced attorney on your side. Below, you’ll find some examples of malpractice cases.

Medical Malpractice Examples

As you read through these examples, it’s best to keep in mind that these situations don’t always showcase the necessary evidence, and there are other ways to prove malpractice in similar circumstances. We also recommend that you contact an attorney if you think you have a case.

Injury Caused by Negligence

“Can you sue a doctor for negligence?” The answer is yes. Injuries due to malpractice and medical negligence happen more often than you think. For example, failure to diagnose, medication errors, delayed diagnosis, unfavorable results, and surgical malpractice all point toward negligence.

And the failure to take proper care in providing medical treatment can directly cause severe injuries to patients. In malpractice claims, an attorney must demonstrate how the healthcare provider’s negligence directly caused a personal injury.

Violation of Standard Care

For a malpractice claim, it’s also important to show that the negligent healthcare provider breached their duty of care toward the patient. This means demonstrating that the doctor’s actions failed to provide proper treatment that is considered reasonable by their professional peers. There will need to be proof of how the healthcare provider deviated from the proper standard of care.

Proof of Damages

Proof of damages is one of the last factors of a medical malpractice claim. It involves gathering evidence of damages such as physical pain, emotional distress, medical expenses, and loss of income due to the injury caused by the negligent party. Gathering documentation such as medical bills, employment records, and expert evaluations is crucial in supporting the claim.

Filing a Medical Malpractice Lawsuit

Filing a medical malpractice lawsuit requires that you reach out to an experienced attorney for legal representation. First, they’ll prove that a doctor-patient relationship existed which can be established through medical records. Then, the claim for medical malpractice will need to showcase how the provider deviated from the accepted standard of care and that it directly caused harm to you as a patient.

Consulting with a knowledgeable injury lawyer with expertise in malpractice lawsuits can greatly benefit your case. Contact us today and allow us to advocate for your patient’s rights and hold the responsible party accountable. Our team at Walner Law has recovered over $1 billion for injured patients and families in Chicago. And our team understands that injuries cause greater damage than financial distress. Schedule a free consultation with our legal team today.

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