An Illinois medical malpractice claim may be an option if you’ve been injured due to a medical professional’s careless action, commonly referred to as medical negligence. However, you would not have grounds for an Illinois medical malpractice claim just because a particular medical procedure doesn’t result in the desired outcome. Instead, it must be clearly shown that medical negligence was the cause of any injuries and damages you sustained.
If you think you have may cause for an Illinois medical malpractice claim, you should consult with a Chicago medical malpractice attorney who can evaluate you case, and determine if medical negligence was the cause of your injuries.
Below are a few questions that can help you determine if you have a viable Illinois medical malpractice claim:
- Was the action or decision made by the medical professional consistent with the required standard of care?
- Does the extent of my damages warrant an Illinois medical malpractice claim?
- Is there a direct relationship between the injuries I incurred and a medical professional’s action?
Illinois Medical Malpractice Claim: Questioning the Standard of Care
The first step in determining whether or not you have grounds for an Illinois medical malpractice claim is establishing the required standard of care that pertains to your specific medical situation. If a doctor, nurse or physician failed to maintain this required standard of care, then they may be found guilty of medical negligence.
Generally, a good rule of thumb to determining medical negligence is to ask whether or not another medical professional would have made a different decision or handled the situation differently. If you are not a medical professional, it may be difficult for you to get the answers to these questions on your own. An experienced Chicago medical malpractice attorney can assess the situation and consult with other medical professionals to help determine if your doctor deviated from the standard level of care for your medical condition.
Illinois Medical Malpractice Claim: Assessing Your Damages
The next step you’ll need to take in order to determine if you are eligible to file an Illinois medical malpractice claim is assessing the amount of damages you have sustained as a result of medical negligence.
Illinois medical malpractice claims typically lead into court trials, as opposed to other kinds of personal injury claims that are typically settled out of court. This is partly because Illinois medical malpractice claims tend to deal with significant and life changing injuries that may require hundreds of thousands of dollars in additional medical treatments and rehabilitation as well as result in disfigurement or disability.
If you have not suffered substantial injuries and damages related to medical negligence, you will most likely not have a viable Illinois medical malpractice claim.
However, for those who have experienced permanent or life-altering injuries as the result of medical negligence may be able to file an Illinois medical malpractice claim for:
- current and future medical expenses;
- lost wages (both present and future);
- pain and suffering;
- mental anguish; and
- other expenses related to your injuries and quality of life post-negligence
Illinois Medical Malpractice Claim: Establishing Causation
This is generally the most significant part in determining if you have a valid Illinois medical malpractice claim, because you’ll need to prove a direct relationship between your injuries and the defendant’s negligence. If a doctor makes a bad judgment during a medical operation, but you didn’t incur any damages then you claim would be unfounded.
This issue may be further complicated based on your personal medical history. For example, if your injury required an additional surgery that could in some way be linked to a separate medical condition you are also suffering from, you will have a difficult time proving the direct link between those injuries and a medical professional’s negligent actions.
A qualified Chicago medical malpractice attorney can employ medical experts to examine your case and establish any medical negligence that is directly linked to your injuries. Hiring an experienced Chicago medical malpractice attorney is vital, because proving causation can be extremely difficult to establish on your own.
Hiring a Chicago Medical Malpractice Attorney
If you think you’ve been injured as a result of a medical negligence in Illinois, you should consult with an experienced Chicago medical malpractice attorney who can help you determine if you are eligible to file an Illinois medical malpractice claim. These types of claims are often complicated and require both medical and legal expertise.
An experienced Chicago medical malpractice attorney can evaluate your medical malpractice case, assess damages, and defend your best interests against the individuals or hospitals that are responsible for your injuries. Contact us today at the Law Offices of Barry G. Doyle for a no cost case evaluation – (312) 263-1080.