One of the most important people in this world that you should be able to trust is your doctor--they often hold your life and well-being in their hands. Though doctors are held to a high standard, they are people too, and they can make mistakes, but they must be held accountable for any malpractice they commit.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor, hospital, or healthcare provider causes injury to a patient through negligence or breaching the “standard of care.” To legally be considered medical malpractice, a case must consist of three elements:
- A violation of the standard of care: When treating a patient, a doctor should follow certain medical standards that are recognized by doctors as being acceptable treatments under similar circumstances. This is considered the standard of care. Patients have the right to expect that their doctors will uphold this standard of care and will be consistent with the standards. If the standard of care has not been met, it can be considered an act of negligence.
- An injury was caused by negligence: It is not enough to prove that a doctor violated a standard of care. For a medical malpractice case to be considered, the patient must also prove that an injury was sustained and directly caused by the doctor’s negligence.
- The injury resulted in significant damages: In addition, for a case to be considered medical malpractice, the patient must be able to prove that significant damages were a result of the injury due to negligence. Significant damages can include disability, loss of income, constant pain, or significant past and future medical bills.
Types of Medical Malpractice
Malpractice can come in many different forms, but they each have their own consequences and difficulties. Some types of medical negligence that could lead to possible medical malpractice cases are:
- Misdiagnosis or failure to diagnose;
- Unnecessary or incorrect surgery;
- Early discharge from the hospital;
- Failure to order testing or act on results;
- Failure to follow up with a patient;
- Prescribing incorrect medications or dosages;
- Leaving objects inside a patient’s body during surgery;
- Failure to recognize symptoms; and
- Patients acquiring potentially fatal infections in the hospital.
Seek Counsel From a Kane County Medical Malpractice Lawyer
Being a victim of medical malpractice can cause many problems in your life. Not only can it result in a great deal of pain and suffering, but it can also leave you with expensive medical bills and an inability to work and earn an income. If you have experienced medical malpractice, you need the help of a compassionate and experienced Aurora medical malpractice attorney. The attorneys at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. have a proven track record of successfully settling medical malpractice cases in court. Contact our office at 630-907-0909 to set up a free consultation.