According to the Journal of American Medical Association, medical errors are the third leading cause of death of Americans. You can hire a malpractice medical lawyer in Chicago if you have been a victim of medical malpractice. Read on to learn more about whether or not you have a case.
The Doctor Must Fail to Live Up to a Duty of Care
In order for you to file a medical malpractice claim, there first has to be a doctor-patient relationship with medical records that support its existence. When seeing patients, all doctors are legally obligated to provide a duty of care. However, this standard of care can vary depending on the doctor’s background and educational specialty.
Medical Mistakes and Malpractice Are Not the Same
A physician can make a mistake, but that does not mean that they will be charged with committing medical malpractice. You’ll need to prove that the doctor was negligent. You must also prove that your doctor behaved in a way that another doctor in a similar circumstance would not have.
Making the wrong diagnosis, prescribing the wrong medication and not warning people about the risks of medication are examples of medical malpractice. However, the specific facts about the case will determine whether you can file a claim.
There Must Be Sufficient Evidence
You will need to present the evidence in a compelling manner in order to get compensated. It is a good idea to have a team of medical experts reviews your case. Your attorney can make sure that you have enough evidence to support your claim.
Pre-existing Injuries Matter
If you have pre-existing injuries, then this can affect your claim. You must be able to prove that your injury was caused by your doctor instead of the pre-existing condition.
