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The basics of a medical malpractice claim

It is never a good thing when Illinois residents trust doctors and other healthcare professionals with medical treatment and care only to find out that a mistake has been made. Most people rightly believe that doctors and nurses are highly competent individuals who are among the very best at what they do. Sadly, the reality is that medical malpractice is more common than most people realize. That is why our readers should know the basics of a medical malpractice claim.

Our readers in Illinois have probably heard that medical malpractice claims can be among the most difficult lawsuits to pursue. In general, that is true. However, if a medical patient has suffered an injury or sees a health condition worsen because of the actions – or inactions – of a healthcare professional, it may be wise to consider the validity of a potential medical malpractice claim.

These types of cases have certain “elements” that must be satisfied in order for a patient to be successful. It starts with a “duty” owed by the healthcare professional to the patient. This can oftentimes be the easiest element of the case to satisfy, as a duty is almost automatically created when a healthcare professional is giving care to a patient.

Next, the patient must show that the healthcare professional breached the duty owed which, in a medical malpractice case, typically means that the healthcare professional did not follow the applicable duty of care, given the patient’s health condition. Lastly, it must be shown that the breach of the duty owed is what directly led to the patient’s injury or worsened condition. Although these elements may seem fairly straightforward, any Illinois residents who believe they have suffered from medical malpractice will want to get an evaluation of their own unique case.

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