Suing A Medical Practitioner For Medical Malpractice

by | Sep 2, 2016 | Lawyers and Law Firms

When a doctor makes a mistake there is a reason to be concerned; first and foremost is the well being of the patient and whether the error in diagnosis or treatment will have a detrimental impact on the patient’s condition and recovery. Errors by medical personnel, hospitals, pharmacists, therapists, etc may lead the patient to wonder if the error can be construed as medical malpractice and whether a Chicago medical malpractice attorney should be consulted.

What constitutes medical malpractice?

Just because a doctor or other health care professional makes a mistake does not mean that there has been medical malpractice. There are four basic elements that must be established to successfully sue for medical malpractice.

  • It must be proven that there was a doctor-patient relationship

  • It must be proven that the care given fell below that care which is considered “acceptable,” this is referred to as the standard of care

  • There must be a link between the harm to the patient and the medical providers’ negligence

  • The patient must have suffered harm

One of the most difficult elements to substantiate is proving the care fell below the acceptable standard. Your Chicago medical malpractice attorney must show that the practitioner failed to provide the same care and attention that another practitioner with similar skills would have provided under identical circumstances.

It is your attorneys task to establish how the standard of care was breached, in other words, how did the practitioner fall short of meeting the standard that would be expected.

It must be proven that it was the error made that caused harm to the patient. If it can be proven that the patient did suffer harm due to the error then there is a very strong case for a medical malpractice lawsuit.

If you believe you have a potential medical malpractice case against your medical provider you are wise to consult with a knowledgeable Chicago medical malpractice attorney. You are invited to discuss your case with the Shea Law Group. We are also on google+.

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