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Tinley Park medical malpractice lawyerUnfortunately, medical malpractice is a common occurrence in the United States. According to Johns Hopkins Medicine, medical negligence is the primary cause of death for more than 250,000 people each year. This puts medical negligence at the third leading cause of death in the United States, behind heart disease and cancer. Sadly, medical errors and negligence are usually preventable, meaning most of those deaths were unnecessary and at the fault of the doctor. One thing people can do after they or their family members experience an injury from a medical error is file a medical malpractice case. However, these cases can be complicated, so before you pursue a medical malpractice claim, here are four things you should know:

1. The Burden of Proof Lies Completely With You

In medical malpractice cases, the victim has the burden of proof. The physician does not have to prove that he was innocent; you and your lawyer have the responsibility to prove that the physician’s mistake was the reason that you suffered an injury. You must also demonstrate the actual losses you suffered because of the doctor’s error, such as additional medical treatment, disability, and pain and suffering.

2. There Are Three Elements You Must Prove

There are three main elements that make up a medical malpractice case. All three of these must be present, because the absence of any one of them will mean you do not have a case. You must prove that:

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Orland Park medical malpractice attorney, patient informed concentMedical malpractice involves more than a physician's negligence. A doctor can be held liable if he or she fails to inform the patient about the “general nature” of a procedure and the patient is subsequently injured. Informed consent in this context includes explaining the “risks involved, the prospects of success, the prognosis if the procedure is not performed, and alternative treatments."

Court Reinstates Malpractice Claim Over Child Injured During Delivery

Informed consent often comes up when dealing with birth injuries. There are cases where a doctor fails to properly warn an expectant mother of the risks of natural childbirth. As a result, the child may be injured during delivery and suffer lifelong consequences.

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