Doctors, hospitals, and other health professionals are expected to meet a certain level of care. If they fail to do the right thing, they could be deemed to have provided subpar or negligent care. However, not all instances of failed treatment are considered medical malpractice. To prove that medical malpractice was committed, medical malpractice lawyer is needed, the patient has to prove the following:
What was the standard of care was; i.e., what was the level of care that the doctor was supposed to provide?
The doctor failed to provide the correct standards of care. All health professionals must behave responsibly and offer appropriate medical care. The specific circumstances determine the standard of care.
The patient was injured due to the negligence of the medical professional. The patient has to demonstrate how the negligent medical practitioner led the patient to be injured. Many refer to this aspect of a claim for medical malpractice as “causation.”
The accident caused harm to the patient. The patient needs to show not just some type of injury but also the damages. Damages can range from medical bills to lost wages to pain and suffering.
What Happens When a Medical Malpractice Attorney Takes the Case?
If a medical malpractice lawyer takes your case, he or they must prove that the hospital or doctor who provided your treatment did not provide proper treatment. Here are the elements your attorney must prove:
- Duty of care establishes that you are a patient of the hospital or doctor indicating that you are owed an obligation or “duty to care.”
- The hospital or medical personnel who treated you had a duty to provide the same treatment that any other peer with the same qualifications would have given.
- Damages show how negligent treatment has caused substantial harm to you. This could mean an income loss or medical expenses, the cost of adapting to your injury, and treating pain and suffering.
- At least one expert believed that you were treated negligently. Additionally, they will help victims demonstrate their injuries’ severity by conducting thorough studies and if required, independent medical examinations.
How long do you have to File a Lawsuit for Medical Negligence?
The period that a person has to start a lawsuit is determined by the state’s statute of limitation. The rules are different between states and depend on the kind of case a plaintiff files, for instance, an injury claim for personal injury instead of a wrongful-death lawsuit. Statutes of limitation typically run between 2 and 7 years. However, 2-3 years are more frequent. After the time limit expires, the victim may not bring a suit.
In Illinois, the relevant statute of limitations is two (2) years.
How Much Does It Cost to Hire a Medical Malpractice Attorney?
Medical Malpractice Lawyers at the Law Offices of Konrad Sherinian represent patients injured by medical professionals on a contingency. Even if you don’t have the funds to cover the costs of a lawyer’s fee, it won’t be an issue. The prices will be deducted from the settlement or court award at the end of your trial. If he fails to obtain compensation on your behalf, the amount you pay is not a part of your settlement.
Is There a Deadline for Filing a Medical Malpractice Lawsuit?
If you believe that you or a family member has had a medical error, do not delay. In certain states, the statute of limitations restricts the time it takes to bring a lawsuit for medical malpractice. You must submit a claim within the time limit and file within the timeframe to recover damages from the responsible person.
You should immediately contact a Chicago medical malpractice lawyer at The Law Offices of Konrad Sherinian, LLC if you think a medical professional’s carelessness has harmed you or a loved one. Our firm’s attorneys have experience with these matters, and we can assist you in determining if you have a case to bring. You can chat with one of our attorneys without being obligated to hire us because we also provide free consultations.