It’s important to understand how to prove medical malpractice if a healthcare provider has harmed you, and you are seeking compensation. Proving medical malpractice involves establishing a duty of care, a breach of that duty, harm or injury resulting from the breach, and damages incurred. These elements must be demonstrated for an injured patient to establish a valid malpractice claim.
Regrettably, medical malpractice is not uncommon in the United States. Medical experts have reported that medical errors are now the third-leading cause of death in the U.S., following closely behind heart disease and cancer. It is estimated that preventable medical mistakes result in approximately 250,000 deaths annually. Contact Lloyd Miller Law Group at (773) 838-8100 if you have suffered harm due to medical negligence.
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What Are the Elements of Medical Malpractice in Illinois?
In Illinois, medical malpractice is considered a personal injury. The elements of malpractice are the same four elements required for any personal injury claim: duty, breach, causation, and damages.
Duty of Care
In a negligence case, it’s crucial to demonstrate that a duty of care was owed to you. This duty arises from the legal relationship between the defendant and the plaintiff, requiring the defendant to act in a specific manner. In the context of a medical malpractice lawsuit, this legal relationship is established between the doctor and the patient. A doctor-patient relationship is formed with the medical provider or facility when seeking medical treatment.
All medical providers, such as general and nurse practitioners, surgeons, nurses, and specialists, owe their patients a duty of care. This duty necessitates medical providers offering treatment with the same skill and care as a prudent, reasonable, and similarly trained medical professional in similar circumstances. This standard enables a cardiologist to be compared with other cardiologists, while a nurse is held to the same standard as other nurse practitioners.
If you receive medical treatment from a medical provider, it’s assumed that a duty of care exists, and the medical provider is responsible for providing treatment that meets the appropriate standard of care.
Breach of Duty
The next step is demonstrating that the healthcare worker or facility did not fulfill that duty. A breach of duty of care happens when a medical provider doesn’t use the same level of medical attention that another medical professional in the same field would use in a similar circumstance. For instance, if a surgeon neglects to adequately sterilize instruments before surgery, leading to a patient’s infection, he or she would be viewed as violating the expected standard of care.
Causation
It’s important to establish that the actions or negligence of the medical professional or facility directly caused a new injury, worsened health condition, or emotional harm. This involves demonstrating that your health deteriorated or that you experienced a healthcare-related injury due to the provider’s negligence, and that this deterioration or injury would not have occurred without the negligence. It’s essential to have suffered an injury or harm; if there is no injury or harm, even if there was an error by the medical provider, it may not provide sufficient grounds for a malpractice claim.
Damages
To prove damages, you must show that you have experienced quantifiable harm or injury. This harm could be physical, mental, emotional, or financial. Your testimony, medical records, and expert opinions can all be utilized to establish the extent of your damages.
Not every negative or unexpected outcome results from professional negligence. Patients often present complex medical issues that may be difficult to treat or have a low likelihood of success. For a claim of professional negligence to be valid, expert medical testimony must indicate that the provider’s actions or omissions directly caused the negative outcome. Furthermore, even if a provider made a serious error, a claim will not be valid if the error did not harm the patient.
Steps to Prove Medical Malpractice
Can you sue a doctor for malpractice? To be successful in proving medical malpractice, you will need to establish four things:
Healthcare Provider-Patient Relationship
To file a medical malpractice lawsuit, it must be demonstrated that the individual or entity responsible for the malpractice had a pre-existing relationship with you. You cannot bring a lawsuit against someone who did not provide treatment to you. Usually, if you receive care from a healthcare provider, this relationship would be established through appointments, procedures, hospital admissions, or even home healthcare providers.
The Healthcare Provider Violated the Standard of Care Owed
To demonstrate that your healthcare provider has breached the standard of care required for you, you will need to establish that they were negligent in some way. If another healthcare provider with similar skills and training would have been able to follow the proper procedure and make a timely diagnosis, and your healthcare provider did not do so, then he or she is likely negligent and has failed to meet the standard of care.
The Violation of the Standard of Care Caused Harm
The violation of the standard of care alone is not enough. To prove harm, it must be demonstrated that the medical malpractice has directly caused harm to the patient. Such harm can result from medical malpractice when:
- The condition deteriorates.
- The symptoms related to the condition get worse.
- The treatment becomes less effective.
- There is prolonged or increased pain or discomfort.
The Violation of the Standard of Care Caused You to Suffer Damages
Medical malpractice must have caused some type of harm. If you have experienced medical malpractice, your lawyer, who knows common types of medical malpractice, can assist you in obtaining financial compensation for previous and current medical expenses, lost income, ongoing care, and rehabilitation. Additionally, you may seek compensation for non-financial damages such as pain and suffering, loss of physical capability or cognitive function, and emotional distress.
The Process of Proving Medical Malpractice in Illinois
In Illinois, filing a lawsuit against a negligent healthcare provider for malpractice follows a structured process. Although comparable to regular negligence cases in principle, the intricacy of medical malpractice claims necessitates a certain process:
Assessment
When initiating a medical malpractice lawsuit, the first step is to carefully evaluate the case to determine its potential success. This includes examining the details of the supposed malpractice, pinpointing possible defendants, and assessing the severity of the patient’s injuries.
Acquire and Review Medical Records
Obtaining thorough medical records relevant to the malpractice claim is crucial, as it is a vital part of the process. These records are essential for the expert review and subsequent affidavit, providing important information about the patient’s medical history and the alleged negligence.
Expert Review and Affidavit Requirement
In contrast to regular negligence cases, medical malpractice lawsuits require an extra procedure. Under the Healing Arts Malpractice Act, a licensed physician who has practiced or taught in the same field within the past six years needs to review the patient’s medical records and sign a report detailing the negligence in the case. This report is necessary to start the lawsuit and must be submitted with the complaint when filing.
Challenges in Proving Medical Malpractice
Demonstrating medical malpractice can be difficult due to the complex nature of healthcare procedures, legal intricacies, and the emotional and financial implications at hand.
Burden of Proof
Proving medical malpractice can be difficult due to the need to demonstrate that a healthcare provider deviated from the standard of care and that this deviation resulted in harm to the patient. Medical malpractice lawyers must be fully equipped to present strong evidence, including expert testimonies, medical records, and other documentation, in support of the plaintiff’s claims. Meeting the high burden of proof requires case preparation and a deep comprehension of medical procedures and protocols.
Medical Complexities
One of the key difficulties encountered by patients when pursuing medical malpractice claims is effectively communicating the intricate medical details. Grasping medical terminology presents a challenge for both malpractice victims and the juries responsible for hearing their cases. It is crucial for legal professionals to convey complex medical concepts clearly during court proceedings. This is essential in aiding jurors, who may possess limited knowledge of medical terminology, in comprehending the case. Leveraging expert witnesses becomes crucial, as they can interpret medical jargon and provide clarity for the jury, ultimately bolstering the victim’s case.
Conflicting Expert Witnesses
Expert witnesses play a crucial role in supporting the plaintiff’s case, but they can also pose challenges. Conversely, the defendant’s attorneys can present their own experts, resulting in conflicting expert opinions. Overcoming this challenge requires the selection of reliable and experienced medical malpractice lawyers. These legal professionals are adept at managing rigorous questioning and are instrumental in thoroughly vetting and preparing their chosen experts.
If you suspect that you have been a victim of medical negligence in Illinois, it is possible to seek compensation for the physical, emotional, and financial repercussions of your injuries. Contact us at Lloyd Miller Law Group to pursue a medical malpractice claim.
