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What are the Elements of a Medical Malpractice Claim in Illinois?

Malpractice CasesWhen you are literally putting your life in the hands of another person, you should be able to trust them completely. Unfortunately, the trust between a doctor and patient is sometimes broken. Everyone makes mistakes--even doctors--but medical professionals are held to a higher standard because of the level of responsibility that they have to provide care that protects a patient’s health and well-being. Medical malpractice occurs when a doctor fails to meet these standards and causes harm to a patient through their negligence. There are certain elements that you must prove in order to have a case for medical malpractice.

Three Components of Malpractice Cases

To pursue a medical malpractice case, you must show that all of the following occurred:

Violation of the Standard of Care: The most basic element of a medical malpractice case is that your doctor committed an act of negligence, or violated a standard of care. There are certain practices that are considered acceptable in the medical field, and if your doctor deviated from them, you may have a case for establishing negligence. Examples of negligence can include:

  • Misdiagnosis or failure to diagnose
  • Failure to order tests or act on test results
  • Not following up
  • Misprescribing medication
  • Leaving items inside a patient during surgery

Injury Was Caused by the Violation: You cannot have a medical malpractice case without both an act of negligence and an injury that resulted from that negligence. If you have an injury without negligence or negligence without injury, you do not have a medical malpractice case.

Damages Resulted From the Injury: Damages from the injury are what you can claim in court. Because of the cost of litigating medical malpractice cases is so high, it might not be worth it to pursue compensation unless damages are severe or extensive. Viable damages can include:

  • Suffering
  • Hardship
  • Extreme or constant pain
  • Loss of income
  • Permanent disability
  • Significant medical bills
A Cook County Medical Malpractice Lawyer Can Help

Medical malpractice can be devastating because you have placed so much trust in a doctor who failed you. If you believe you are a victim of medical malpractice in Illinois, you may be able to recover damages that address the personal and financial impact of the injuries you have suffered. A compassionate Orland Park medical malpractice attorney can help you determine if you have a case for medical malpractice. The Law Office of John S. Fotopoulos, P.C. has experience and a proven track record in multiple medical malpractice cases, and we can help you recover the compensation you deserve. Call our office at 708-942-8400 to schedule a free consultation.


What is Medical Malpractice?

Medical Malpractice

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