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How to Prove Medical Malpractice in Illinois

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Posted on October 25, 2023

After receiving medical care, our hope is that the health issues we are experiencing have been addressed and life will return to normal. But, this is not always the case, and the care we receive not only can change our lives for the better, but it can be devastating to our well-being when our health suffers from the treatment we receive.

Not all undesired outcomes are injuries resulting from malpractice because no work or treatment can be performed without the possibility of error or unfavorable outcomes. Proving medical malpractice is complex and requires the establishment of these essential elements.

A Doctor-Patient Relationship Exists

Verifying that a relationship exists between a patient and a doctor or medical care professional requires proof that the treatment occurred when the malpractice took place. One of the simplest ways to prove the existence of a relationship is through a patient’s medical bills once services are rendered. Establishing a relationship with any care provider or facility requires that you receive a standard of care as a patient.

Standard of care is the gauge that measures if a provider has met their duties to a patient based on the care other providers would administer in a similar circumstance.

A Breach in the Standard of Care Occurred

It is necessary to prove that the standard of care that similar providers would have followed in treating a patient with similar issues was not followed by your doctor. When the appropriate standard of care is not provided, it is possible to establish negligence.

An Injury Resulted From Care

It must then be proven that the breach in standard care procedures directly resulted in the injuries. If no evidence supports a breach in care, then even with injuries, proving negligence is not possible. Each element must exist as proof to support malpractice.

Damages to a Patient’s Health Resulted

Damages come in many forms. The adverse change in health is one damage. Other damages can include the expense of treatment for the injuries, lost wages from being unable to work, and a reduction in the quality of life, and these are just a few examples. It is vital to discuss any loss with an Illinois medical malpractice attorney.

While monetary or economic damages can create mounting debt, the losses often most acutely felt are the non-economic damages that take a toll on a person’s ability to enjoy and succeed in life. The injuries you suffer should be compensated fairly, driven by a committed team that understands your losses’ and their cost.

Medical Malpractice Requires a Professional Team

Rigorous investigation, expert witness interviews, and a thorough review of a patient’s treatment and the damages they suffered are a complex process. Still, medical malpractice can be proven with a diligent team on your side. Time limits exist regarding how long a patient has to file a claim, and failing to act can result in difficulties in gathering the necessary information or the ability to pursue a case in court because too much time has passed.

The experienced team at Holley, Rosen & Beard, LLC understands that these situations produce trying circumstances that often seem too challenging to tackle alone. We are ready to work for you to help you receive the compensation you deserve for the damages you have sustained from medical malpractice. We provide a free consultation to understand your needs better and explain your options.