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What do You Need to Pursue a Successful Medical Malpractice Claim in Illinois?

If you were injured due to a medical professional’s negligence, you might have the right to pursue compensation. Medical malpractice claims hold doctors, nurses, anesthesiologists, therapists, medical facilities, and other medical professionals accountable in certain situations when a patient suffers harm. Medical personnel and the facilities that employ them have a duty to provide a certain standard of care. When treatment falls below that standard, they can be held liable. Medical malpractice claims can be tricky and are complicated to pursue. You need a skilled Illinois medical malpractice attorney on your side.

Not all incidents will rise to the level of medical malpractice. To successfully recover compensation for your ordeal, you will need to prove the medical professional or the medical facility was negligent.

Proving Medical Negligence in Illinois

No one expects medical professionals to guarantee the outcome of a procedure or anticipate unexpected complications. Two exact surgeries can have completely different results depending on the person. Everyone’s genetics, lifestyle, and past medical history are contributing factors. However, the law does require that medical professionals live up to the duty of care they owe to every patient.

A mistake itself is not proof of medical malpractice. The main elements of a medical malpractice claim are:

  • The medical professional owed the patient a duty of care;
  • The medical professional breached their duty of care;
  • The breach of duty is what caused the patient’s injuries; and
  • The patient suffered damages because of their injuries.

Some laws establish the duty of care in relationships. For example, when you see a doctor, that doctor-patient relationship is subject to a duty of care, called the “medical standard of care.”

The medical standard of care can be defined as the level of care any reasonable medical professional would provide in a similar specialty if faced with a similar situation. That threshold is used to determine whether there was a breach. If you can show there was indeed a breach of duty, that breach must be what caused your injuries. There needs to be a medical connection between the alleged negligence and the injuries you sustained.

Lastly, you must show you were harmed. That means you incurred damages, like medical expenses, physical pain, loss of earnings, mental anguish, etc.

Contact an Illinois Medical Malpractice Attorney

Many medical malpractice claims are the result of medical errors. They can include medication errors, birth injuries, surgical errors, a failure to treat, etc. If you suspect you have a valid medical malpractice claim, it is imperative you speak with an attorney right away. You only have a limited amount of time to file a claim. To learn more about how our Illinois medical malpractice attorneys can help, contact Brassfield & Krueger, Ltd., today to schedule an initial consultation.

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