We rely on doctors and other health care professionals to help us in times of need, but sometimes, they may cause more harm than good. When a patient is harmed by a doctor or another medical professional, they may qualify for filing a medical malpractice lawsuit. Our Rockford attorneys can do the heavy lifting for you, compiling the necessary documents and preparing to file your case.
Requirements for a Claim
There are basic requirements that must be met in order to qualify for a medical malpractice lawsuit. You must prove that the following were present:
- A doctor-patient relationship: It is necessary for a physician-patient relationship to exist if you are filing for a medical malpractice lawsuit. You cannot simply overhear a doctor giving advice in passing and expect to qualify for filing a lawsuit.
- The doctor was negligent: There is a difference between being unhappy with treatment that the doctor provided you and he or she being negligent. It is necessary to show that the doctor caused harm that another doctor would not have in the same situation.
- The doctor’s negligence caused the injury: It is common for medical malpractice cases to involve patients who were already suffering from an illness or injury. Because of this, it is essential to prove that the doctor directly caused the harm “more likely than not.” It may also be necessary to have a medical expert testify that the doctor’s negligence caused the injury, which is something that our Rockford attorneys can assist with.
- The injury caused specific damages: Specific examples of damages include physical pain, mental pain, more medical bills, lost work or lost earning capacity.
Types of Medical Malpractice
No two medical malpractice cases are the same, and there are many different causes that could lead to a medical malpractice claim. Common malpractice scenarios include:
- Failure to diagnose: You may have a medical malpractice claim if a competent doctor would have made a different discovery or a different diagnosis than what was achieved.
- Wrong treatment: It is expected that the doctor chooses the appropriate treatment option for their patients that will result in the best outcome.
- Failure to warn patients of known risks: It is the duty of the medical professional to let patients know the risks of a treatment or procedure. Doctors may be liable if they do not inform patients of risks and an injury or illness occurs.
If you are concerned that you or a loved one has suffered from the effects of medical malpractice, please get in touch with our Rockford attorneys today.