When doctors make mistakes, their patients pay the price.
We trust doctors with our health and leave life or death decisions in their hands. Doctors undergo extensive education, training, and licensing to qualify them to be put in this unique position of trust. Doctors, however, are human and make mistakes. Doctors, hospitals, and even nurses carry malpractice insurance because they know that because of their position of trust, any mistakes they make can be very costly if not deadly. When a doctor, hospital, nurse or other medical care makes a mistake, and the patient sustains serious injuries or dies as a result, you should consult with an attorney immediately.
What is Medical Malpractice?
A medical malpractice claim is also known as a medical negligence claim. A plaintiff must prove that the medical professional owed the patient a duty, the professional breached that duty, and that the breach of duty caused damages.
A doctor owes his or her patient a duty to exercise the knowledge, skill, and care of a reasonably well-qualified healthcare provider in the same or similar circumstances. There is no book or hard and fast rule as to what the standard of care is in every situation. Rather, it usually requires the testimony of an expert physician in the same field of medicine to prove what the standard of care was and that the defendant acted outside of that standard of care. Sometimes, a physician group's or hospital's bylaws and/or policies and procedures can help establish the standard of care in some cases.
Some of the most common medical malpractice cases arise from one or more of the following:
- Failure to diagnose (e.g. failing to diagnose cancer)
- Failure to treat (e.g. failing to examine a patient in need of medical care)
- Failure to obtain informed consent (e.g. failing to disclose material risks of a surgical procedure)
- Contamination (e.g. using contaminated or dirty surgical equipment)
- Failure to prescribe or incorrectly prescribing medication (e.g. not prescribing medication which should have been prescribed or prescribing the wrong dosage or type of medication)
- Battery (e.g. where a procedure is performed without consent)
In addition to past medical bills, medication, lost wages, loss of society, loss of consortium, and loss of a normal life endured through the point of settlement or verdict, if your injury causes you damage that will last into the future, you may be awarded an amount for future damages.
Call today for a FREE consultation: (630)995-9995. We will take the time to discuss the details of your case and answer your questions.