Breaching the Standard of Medical Care
Negligence is a legal concept that is key to personal injury claims. Everyone owes a duty of reasonable care to others, and breaching this duty is negligence. The cause of an accident and the resulting injuries could often be due to the negligent actions of a person or organization.
Doctors and other medical professionals owe a higher standard of care to their patients because of their expertise. Medical malpractice occurs when a healthcare professional fails to follow accepted standards of practice and care when providing treatment, resulting in a patient’s harm. This applies to anyone in the healthcare profession, including:
- Doctors
- Surgeons
- Nurses
- Anesthesiologists
- Dentists
- Hospitals
- Nursing care facilities
It is important to note that breaching this standard of care is not a crime but rather a civil personal injury matter. Our skilled medical malpractice attorneys in Chicago could provide you with advice and guidance on your legal options if a medical mistake caused you harm.
Common Medical Errors and Legal Remedies
Making mistakes is part of being human. However, when a medical professional makes a mistake, it could have significant effects on the health and lives of others. A common mistake in healthcare is a missed or incorrect diagnosis, which can prevent or delay a patient from receiving proper treatment. Doctors and pharmacists are susceptible to medication errors, either with dosage or the type of drug prescribed to the patient. Surgeons must exercise extreme care when operating, as an error or unintentional cut could cause significant damage to the patient.
When a patient is injured because of a mistake in treatment, the claim is filed against the medical professional’s insurance company for compensation. If the insurance company adjuster accepts the claim, they may offer a monetary settlement in exchange for immunity from future claims. Sometimes, the patient and insurance company can agree on a fair settlement amount. If they cannot reach an agreement, the claim could go to trial, where evidence and testimony could determine an appropriate amount.
This process is long and complex, and the insurance company does not always offer a fair settlement for every claim. If you were injured by a medical error in Chicago, you should seek representation from one of our capable medical malpractice attorneys.
Get Help From Our Compassionate Chicago Medical Malpractice Attorneys