Proving Medical Errors in Medical Malpractice Cases
When a patient visits a doctor, he or she expects to be treated with the level of care that is standard for the medical industry. Medical malpractice occurs when a doctor deviates from this standard of care in a way that results in injury or death to the patient. The typical claims of medical malpractice involve giving the wrong prescription, committing human errors during a surgery, failure to adequately diagnose an illness, guaranteeing result or breaching an agreement of confidentiality with a patient.
There are several elements that patients must prove when they wish to pursue a medical malpractice claim. First, plaintiffs need to show that a doctor-patient relationship existed. This means that there was an agreement between both the doctor and patient that the patient would receive medical services. In addition, it must also be shown that the doctor was negligent in the course of treatment. This means that plaintiffs must show that a doctor engaged in behavior that was not reasonably careful in comparison with treatment provided by other doctors of similar standing. It is not enough for a plaintiff to simply be dissatisfied with the results of an operation. Lastly, the plaintiff needs to show that a doctor’s negligence caused the injury and that the plaintiff suffered from damages as a result of the injury.
An Illinois medical malpractice lawyer is available to assist you in establishing your legal claim. You can call an Illinois medical malpractice attorney for a free initial consultation about your case today.
The Types of Medical Errors in Malpractice Cases
Medical malpractice cases can also involve a variety of medical errors. It is important to understand the different types of medical errors so that you can pursue legal help if necessary. Here is a brief overview of the types of medical errors that can occur in the course of treatment:
- Surgical errors
- Birth injuries
- Cerebral palsy
- Medication errors
- Errors committed in the emergency room
- Misdiagnosis of an illness/failure to diagnose
- Anesthesia errors
- Negligence that results in infection
- Wrongful death
Surgical Errors: Surgical errors can result when a surgeon uses poor techniques or is otherwise impaired while conducting an operation. He or she may sever the wrong limb, perform the wrong operation, puncture an organ, use unsanitary medical tools or provide inadequate treatment after the surgery. A surgeon may also be fatigued or under the influence of drugs and alcohol, which could also impact the quality of an operation.
Birth Injuries: Birth injuries encompass a class of injuries that result from a doctor’s negligence during the delivery process or birth process. A doctor may use forceps or a vacuum in an improper manner, fail to perform a C-section or otherwise cause harm to the baby in the delivery process.
Cerebral Palsy: Cerebral palsy is a specific disorder that can result due to negligence during the delivery process. Muscle spasms, poor coordination and stiffness are the effects of this disorder.
Medication Errors: A doctor may prescribe the wrong amount of medication, the wrong type of medication or fail to provide the medication that a patient needs. A doctor may also fail to consider a patient’s allergy history and prescribe an adverse medication.
Emergency Room Errors: These errors can result when a patient does not receive sufficient oxygen or immediate assistance to deal with his or her medical issue.
Misdiagnosis/Failure to Diagnose: This occurs when doctors do not properly diagnose an illness. They may state that a patient has the common cold, when the reality is that a patient has pneumonia.
Anesthesia Errors: Anesthesia errors can result when anesthesiologists, nurses and other medical professionals fail to recognize warning signs in patients. These individuals may not monitor a patient during a surgery and recognize that a patient is experiencing adverse side effects.
Negligence Resulting in Infection: When medical staff fail to engage in healthy practices, such as the sterilization of tools or cleansing one’s hands, it can be possible for patients to develop an infection. Infections that cause illnesses like pneumonia can be deadly for individuals.
Wrongful Death: It is also possible for the medical malpractice of a doctor to result in the death of an individual. If you have lost a loved one due to medical malpractice, then you should speak with an Illinois medical malpractice attorney about any rights that you may have.
Birth Injuries and Medical Malpractice Claims
For specific incidents of medical malpractice, such as birth injuries, a birth injury attorney will be able to locate experts who can testify as to the injuries that a child has suffered. A birth injury attorney will also be able to help calculate the total damages that your child has suffered. A child may suffer from cerebral palsy, broken limbs or other severe injuries. Medical malpractice lawyers are available to carefully assess your legal claim.
Medical Malpractice Statistics in the United States
In 2012, the damages that injured victims were able to receive in medical malpractice cases totaled over $3.6 billion. Statistics also indicate that over 93 percent of all medical malpractice cases were settled.
It is important for individuals who may have medical malpractice claims to meet with medical malpractice attorneys to discuss their claims. Out of all of the cases that do end up going to trial, only 20 percent of them result in a favorable verdict for the defendant. It is important for a medical malpractice lawyer to represent your best interests before the jury. Without a lawyer on your side, it may be possible that the jury will find in favor of the doctor or that the court will decide to dismiss your case.
If you have been injured due to the medical malpractice of a doctor, then there may be a good chance that you can recover damages in your case. The statistics reveal that there is a greater chance for patients to also settle a claim rather than have to proceed through a length trial and litigation.
Schedule an Initial Consultation with Illinois Medical Malpractice Lawyers
You can call today and schedule an initial consultation with an Illinois medical malpractice lawyer. Medical malpractice lawyers will assess your claim to determine the injury that you have suffered and total damages that may be available. Medical malpractice lawyers also have experience in negotiating with difficult insurance companies and settling your claim outside of court. If needed, medical malpractice lawyers are also prepared to take your case to court and fight for all of your loved one’s legal rights. Talk to our lawyers today to receive immediate help for your case.