How Difficult Is It To Prove Medical Malpractice?

With all the medical advances in the US in the last decades, medical malpractice is still far more common than many people realize. In fact, medical malpractice is the #3 cause of death in the US. In most cases, the harm done to a patient isn’t intentional, but healthcare professionals are held to a high standard of care, so an ‘innocent mistake’ can still be the basis of a lawsuit.

Below, learn how medical malpractice is proven in Illinois. If you have questions, speak to our Illinois medical malpractice attorney today. Our goal at Fisk & Monteleone is to protect the rights of our clients and help them obtain compensation to ensure a healthy future for them.

Duty Of Care In the Healthcare Field

Many people have a duty of care, such as the duty to drive safely and not injure other motorists. Healthcare professionals also have a duty of care. Patients depend on healthcare providers for their healthcare needs, so doctors have a duty to exercise reasonable care. The doctor’s duty of care can make it challenging to establish that their care was negligent. In some cases, though, the medical mistake could rise to the level of malpractice.

Evidence To Prove Medical Malpractice

Two types of evidence must be shown in a medical malpractice or misdiagnosis claim. These are the big picture and the specific details. The big picture typically relies on the standard of care.

For instance, if you break your leg, the standard of care is usually an examination, X-ray, cast, and follow-up appointment. The standard of care must be based on the facts of the case. Doctors at smaller medical facilities with fewer resources may have a less extensive standard of care. For instance, a CT machine may not be required for a small-town doctor, but it may be for a doctor in Chicago.

If you have a possible malpractice case, your attorney may need to call an independent doctor to testify about the standard of care in your situation. Proving that the standard of care was violated is complex and expensive. Your attorney will carefully evaluate your case to decide if there is sufficient evidence the standard of care was not followed.

Next, there has to be evidence that there was a medical mistake. The standard of care hinges on the specific case circumstances, so many medical mistakes could involve negligence. Also, you must be able to link the medical mistake to a particular injury.

Statute Of Limitations For Medical Malpractice

The statute of limitations for a medical malpractice lawsuit in Illinois is only two years, which can be an issue in these complex cases. For instance, if your doctor did not diagnose your throat cancer, you may not realize you were ill for a year or more. If that happened, the delayed discovery rule could apply, meaning the statute of limitations ‘clock’ only begins when you became aware of the illness.

Call Our Illinois Medical Malpractice Attorney Today

Were you or a loved one a victim of healthcare industry negligence? Our Illinois medical malpractice attorney at Fisk & Monteleone is skilled at holding negligent physicians and medical facilities accountable for their actions. For more information, call our medical malpractice attorneys for a complimentary legal consultation at 815-962–0044.