For any personal injury claim to be successful, your lawyer will need to be able to prove that the other party’s negligence was the cause of your accident or subsequent injuries.
But medical malpractice claims can be much more complicated and challenging than other injury claims because many healthcare providers hide their negligence behind so-called known risks, side effects, and complications.
Below, we go into further detail about what medical malpractice is under Illinois law and how to prove medical malpractice in court.
What Is Medical Malpractice in Illinois?
Medical malpractice occurs when a healthcare provider fails to uphold their duty of care and a patient is harmed as a result. Healthcare industry workers need to be held to a higher standard, as patients’ lives are often on the line.
In order for the standard of care to be breached, the accused liable party must have made a decision or mistake that one of their peers of similar training, education, and experience would not have made.
Some of the most common types of medical malpractice seen in Illinois courts include the following:
- Failure to diagnose
- Failure to treat
- Failure to provide follow-up care
- Delayed diagnosis
- Birth injuries
- Anesthesia errors
- Surgical errors
How to Prove Medical Malpractice
In many medical malpractice cases, your medical records will speak for themselves. But it is not uncommon for healthcare providers to try to cover up their mistakes or try to blame someone else.
To prove your case, we’ll need to prove to the courts that the standard of care has been breached. We may be able to prove this through witness statements, medical records, photographs, and, perhaps most importantly, expert testimony.
Contact a Medical Malpractice Lawyer in Chicago
If you know or suspect that you are a victim of medical malpractice and need help proving it in court, call an experienced medical negligence attorney at Lane Brown, LLC.
Our firm proudly offers free claim reviews to medical malpractice victims across Chicago and the surrounding area. Take advantage of this opportunity by calling us at 312-332-1400 or filling out the convenient contact form below.