Medical Malpractice and the Deviation from the Standard of Care

by | Sep 10, 2019 | Lawyers


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According to a recent study at Johns Hopkins Medical in Baltimore, medical malpractice is the third-leading cause of death in the United States behind heart disease and cancer. Medical malpractice in Mokena involves the breach of a duty of care that a health care provider owes a patient. That breach can arise in a variety of contexts. Here are a few of them:

* Misdiagnosis and wrong diagnosis
* Medication errors involving administration of the wrong medication or wrong dosage
* Surgery on the wrong site
* Surgery on the wrong person
* Anesthesia errors

Proving Medical Malpractice
Three basic propositions need to be proved in a medical malpractice case. First, a professional relationship must have existed between the allegedly negligent health care provider and the claimant. After that, a violation of the applicable standard of care must be shown. That involves showing that the health care practitioner failed to provide the same level of care that another practitioner would have provided under the same or similar circumstances. Then, the claimant must show damages. Here are some of the damages that Illinois recognizes in medical malpractice cases:

* Medical bills
* Lost earnings
* Any permanent disfigurement
* Any permanent disability
* Pain and suffering
* Loss of a normal life
* Other substantial damages in the event of a wrongful death

Lawsuits involving alleged medical malpractice in Mokena are highly complex with complicated liability and damages issues. They’re also expensive to bring and maintain. Even a gross deviation from the applicable standard of care isn’t actionable without damages. If you believe that you were injured or a loved one died as a result of medical malpractice, call Block Klukas Manzella & Shell, P.C. to arrange for a free consultation and case review. We’re going to listen to you carefully, and we’ll answer your questions, too. If we agree with your belief that malpractice indeed occurred, we’ll map out a strategy for you.