No one who needs medical treatment likes to think about the possibility that something might go wrong during the process. Unfortunately, medical malpractice is a serious concern in the greater Chicago area and throughout the country. When something goes wrong, the patients who suffer the consequences may begin to consider their legal options, such as a lawsuit. Such victims will need to start with some basic information: How do you prove negligence in a medical malpractice case?
There are some basic “elements” that are common to almost all medical malpractice cases, even though the facts of any given case can obviously vary widely. First, the patient must be able to prove that the medical professional who is allegedly responsible for the malpractice had a “duty” to the patient. Typically, this means that a “doctor-patient” relationship existed.
Next, the patient will need to prove what the “standard of care” should have been in the specific medical treatment the patient received, and that the medical professional in question failed to abide by that standard – the “duty” to the patient was “breached.” After that, a connection must be proven which shows that the medical professional’s breach of the duty led to negative consequences for the patient, such as an injury or a worsened medical condition. Lastly, the patient will need to prove the extent of the injury or worsened medical condition that occurred due to the medical professional’s breach of the duty that existed.
Proving negligence in a medical malpractice case can be a tall order. Illinois residents who believe they have a valid medical malpractice claim will likely benefit from getting more information about their own unique case.