What You Need to Know About Your Medical Malpractice CasePublished: Apr 15, 2018 in Medical Malpractice
When a doctor, nurse, or other health care professional violates the recognized standard of care when treating a patient, this breach is referred to as medical malpractice. Errors committed by medical personnel, however unintentional, can result in serious injury or even death. The standard of care is defined as the commonly accepted practices other medical professionals would perform and follow when treating a patient with the same condition.
If you or a loved one has been hurt or otherwise injured at the hands of a medical professional, you may have grounds to file a medical malpractice claim against the responsible individual or institution. At The Cates Law Firm, LLC, our Belleville medical malpractice attorneys have the resources and experience necessary to evaluate your malpractice claim. Contact us today at (618) 767-6293 to set up a free consultation.
What to Consider During a Medical Malpractice Claim
It’s important to understand the following factors that can affect the outcome of your medical malpractice case:
Proving Medical Negligence
It can be challenging to prove a claim of medical negligence or malpractice. Primarily, you must demonstrate that the standard of care your medical professionals are required to provide fell below what was expected. Enlisting expert witnesses to help inform the jury of what that standard consists of can be crucial to proving this element of your case. It is also required to have an expert physician review your claims and confirm there was a breach of the standard of care even before a lawsuit can be filed.
Understanding Informed Consent
Surgeons routinely perform invasive procedures on individuals who give them consent to do so. These doctors and other medical professionals must obtain informed consent from patients prior to carrying out a surgery or other types of treatment. Informed consent must include three specific elements:
- Informing the patient of the benefits and risks of the proposed treatment, as well as alternative treatment options available
- Ensuring that the patient understands the risks, benefits, and alternatives available
- Having the patient sign a voluntary waiver or release
Knowing Who You Can Sue
You may sue one or more entities depending on the nature of your case and who is responsible for your injuries. The individuals you choose may include the medical professional responsible for your injury, or the hospital where the professional is employed and acted with negligence.
Knowing the Statute of Limitations in Your Case
In Illinois, the general rule is that any personal injury or wrongful death lawsuit against a doctor, nurse, dentist, or hospital has a two-year statute of limitations. This means you have two years from the time you knew or reasonably should have known of your injury to file the lawsuit. While certain exceptions exist, you should consult our team immediately if you believe you may have a case.
Contact an Illinois Medical Malpractice Lawyer
At The Cates Law Firm, LLC, we understand the difficulties involved in making a claim for compensation if you or a loved one has suffered an injury due to medical malpractice. We are here to guide you through the process, from initial consultation all the way to fighting to recover compensation for your losses.
Call us today at (618) 767-6293, or use our contact form to set up a free case evaluation.