When you are sick, you expect medical professionals to be highly trained, cautious experts who follow established medical guidelines to provide your care. While that may happen most of the time, that does not make doctors, nurses, or other healthcare professionals infallible. Medical malpractice is responsible for numerous injuries every year.
Medical malpractice happens when a healthcare provider deviates from the standard of care, and that deviation leads to injury or death. The deviation can be an act (doing something that is not standard) or an omission (failing to do something standard). Either one is negligent and could support a personal injury claim. When you believe a provider’s act or omission contributed to your injury or the death of a loved one, talk to an Aurora medical malpractice lawyer from the Law Offices of R.F. Wittmeyer, Ltd. Our compassionate personal injury attorneys are here to help.
Causes of Medical Malpractice
Malpractice is often the result of people cutting corners, rushing things, or not having the resources for a particular task. Reduced staffing puts pressure on healthcare providers, increasing the likelihood of malpractice. Failing to follow guidelines or laws fosters an environment where people may ignore safety standards.
Innovation can also lead to malpractice. Some doctors want to be groundbreakers in their fields. There is nothing unethical about attempting experimental treatments on patients when existing treatments are unlikely to be successful, and the patient has given informed consent. However, some doctors skip those necessary steps, which can lead to complications and danger for their patients.
Healthcare provider bias can also lead to malpractice. Several different groups report that doctors do not take their self-reports seriously, like dismissing a patient’s complaints of pain. There are numerous instances of medical professionals ignoring complaints from women and minorities. That bias can lead to misdiagnosis or failure to make a timely diagnosis of serious illnesses.
The cause of the malpractice is crucial. Nothing excuses malpractice — a healthcare professional’s duty exists even in the face of challenges and complications. However, it can impact who is responsible for the malpractice and whether there are claims against additional providers or the healthcare organization.
Surgical errors, ER negligence, birth injuries, nursing negligence, and many other types of incidents can be the basis for a claim. A medical malpractice lawyer in Aurora will examine all facets of your claim to determine if you have a case.
Pursuing a Claim
When you decide to file a claim for medical negligence, you will need to give your lawyer access to your medical records to determine the course of treatment and the doctor’s actions. Illinois requires the case be reviewed by a professional in the same or similar field as the professional who treated you, to determine it is valid.
It is also crucial to find expert witnesses to testify on your behalf that the at-fault party committed negligence that no reasonable healthcare professional in the same situation would have committed. Medical negligence lawyers in Aurora have access to these experts and could do all the work in preparing the claim while you recover in peace.
Consult an Aurora Medical Malpractice Attorney for More Information
To prove a medical malpractice claim, you must demonstrate that you had a doctor-patient relationship, which established a duty of care. The doctor breached the duty, which led to your injuries, and you experienced damages due to an injury.
Proving the breach is the most challenging part of any malpractice claim, which is why it is in your best interest to work with someone who has over 30 years of experience in the field of negligence and civil law. Schedule a free consultation with an Aurora medical malpractice lawyer to find out more about how to recover for your extensive medical expenses and other losses.