St. Clair County Medical Malpractice Lawyers

When you seek any type of medical care, you are trusting the professional with both your life and your health. In many cases, the professional upholds the duty of care that they owe you, and you obtain a satisfactory result. In a small number of cases, the medical professional may fail to act as they are required to by law. If their careless actions were the cause of your injuries, you may have a potential medical malpractice case. However, compensation for medical malpractice may only come after you have fought a difficult legal battle with the help of an experienced lawyer. 

What Is Medical Malpractice?

There are times when you may receive medical care or services that do not yield the desired results. There are no assurances that you will get the results that you want. Not every adverse medical result is the product of medical malpractice. There is something extra that is necessary for something to be considered medical malpractice. 

When you are receiving medical services, the provider owes you the duty of care to act reasonably under the circumstances. Simply stated, medical malpractice is when a professional does something that falls short of this duty, and it causes you injury. 

How Do I Win a Medical Malpractice Case?

The prerequisite for winning a medical malpractice case is that you are able to show that the medical professional was negligent. In the medical malpractice context, “negligence” means that “the doctor did something that would be considered unreasonable under the circumstances.” They are held to the standard of an average doctor in their field of ordinary training. If you can show that they did something that departed from the standard of care that they needed to exercise, you could become eligible for financial compensation. 

It is not always easy to come in after the fact and reconstruct the care that you received to show that it fell short of the duty of care. That is exactly where a medical malpractice lawyer comes into the picture. They will gather your medical records and work with expert witnesses to understand how and why the medical professional was negligent. They would continue to build your case throughout the trial, gathering additional evidence that may be in the hands of the defendant. 

What Are Examples of Medical Malpractice?

Many things can be considered medical malpractice. Examples of malpractice include the following: 

• Misdiagnosis or delayed diagnosis
• Surgical errors, including wrong-site surgery, leaving instruments inside the body
• Medication errors, including administering the wrong drug, dosage, or prescription
• Birth injuries
• Anesthesia errors
• Failure to obtain informed consent

Any type of error that causes you injury is potentially a medical malpractice case. Your medical malpractice lawyer will review the facts of your case to help determine whether you have a cause of action against a medical provider. 

Who Can I Sue in a Medical Malpractice Case?

Any medical professional or entity that provided you with service that resulted in your injury is a potential defendant in a medical malpractice lawsuit. The doctor is the most common defendant in a medical malpractice lawsuit. When the doctor works for a hospital or a practice, you can also file a lawsuit against them because they are responsible for the physician’s actions.

In addition, you may be able to sue the following other entities in a medical malpractice lawsuit: 

• Nurses and physicians’ assistants
• Physical therapists
• Pharmacies
• Laboratories
• Health maintenance organizations, if their actions are delayed or result in a denial of your medical care

Why Are Medical Malpractice Cases Difficult?

While it is true that plaintiffs do not often win cases that go to trial, it does not mean that you cannot and should not file a medical malpractice lawsuit. The reality is that many medical malpractice cases settle before they actually reach a trial. Your eligibility for a settlement and your bargaining position can be strengthened by a vigorous effort to build your case in the early stages. 

How Much Is My Medical Malpractice Case Worth?

Your medical malpractice case may be worth a substantial amount of money. The exact value depends on both the extent of your injuries and the amount of malpractice insurance coverage and assets available to pay for them. A medical malpractice lawyer will review the facts of your case to help determine how much you should seek in compensation.

The elements of your damages may include the following:

• Medical expenses to treat your injuries.
• Lost wages from the time you could not work and the reduction in your earnings capacity.
• Pain and suffering for the experience that you were forced to endure after your injuries.
• Emotional distress from your injuries and potentially having to seek additional medical treatment.
• Loss of enjoyment of the life that you had before you were hurt.

The prospect that frightens malpractice insurance companies and their physician clients is the fact that you could be entitled to “punitive” damages if you take your case to trial and win. If there was gross negligence, or there were egregious facts in your case, there is a chance that a jury could order punitive damages to make an example or to teach a lesson to the defendant. The potential for punitive damages often gives you leverage in settlement negotiations.

How Does a Medical Malpractice Lawyer Help Me?

It is virtually impossible to win your medical malpractice lawsuit without the help of an experienced lawyer. Simply stated, you will not have a defendant who gladly offers to pay you the full amount of money that you deserve if they do not have legal pressure placed upon them. Not only do you need a medical malpractice lawyer, but you also need one with experience in this area. These cases are inherently difficult, and a lawyer without experience in medical malpractice cases may struggle to obtain full compensation for you. 

When you hire a medical malpractice lawyer for your case, they will do the following:

• Investigate the circumstances of your injury and build a legal theory that could entitle you to compensation.
• Draft a medical malpractice lawsuit based on their initial investigation and knowledge of the facts of your case.
• Build your case during the discovery phase of the lawsuit, where your medical malpractice lawyer will have access to the defendant’s witnesses and will be able to question them.
• Negotiate a settlement of your medical malpractice lawsuit that fully pays for your injuries.
• Litigate your case in court if you cannot reach a favorable settlement.

Contact Our St. Clair County Medical Malpractice Lawyers at The Cates Law Firm if You Feel You Were the Victim of Medical Malpractice

If you have been injured by the careless actions of your doctor or by anyone else from whom you sought medical help, speak to our St. Clair County medical malpractice lawyers at The Cates Law Firm. To schedule a free consultation, contact us online or call today at 618-277-3644. Located in Swansea, Illinois, we proudly serve clients in the surrounding areas.