How Do You Prove Fault in a Medical Malpractice Claim?

David Monteleone
Illinois Accident and Wrongful Death Lawyer

  Posted  |  Category : Medical Malpractice

medical malpracticeEssentially, medical malpractice is a lack of care. It’s more than a mistake or a bad result. So, the medical standard of care is very important in these claims. For example, if Steve breaks his arms, according to the standard of care, Steve’s doctor must visually assess his injury. Then, Steve’s doctor must perform some diagnostic tests and respond appropriately. The doctor cannot take shortcuts or rely on his/her professional instincts.

Like all injury claims, successful medical malpractice claims usually hinge on evidence. A medical malpractice attorney in Rockford must do more than collect compelling evidence. An attorney must also present this evidence in a way that’s designed to obtain maximum compensation for your serious injuries.

Types of Medical Malpractice Claims

Misdiagnosis, surgical errors, and birth injuries are among the most common kinds of medical malpractice claims in Winnebago County.

The overall misdiagnosis rate is about 20%. Economics is usually at the root of this problem. Doctors are so busy that they do not spend adequate time with their patients. They also do not do research or consult with colleagues during their breaks. The misdiagnosis rate is even higher in chronic diseases, like:

  • Cancer: As far as most doctors are concerned, cancer is a lifestyle or genetic disease. For example, they hardly ever think that males have breast cancer. Survival rates for this disease have gone up considerably since the 1990s. But without a prompt and proper diagnosis, Many of these advances are unavailable.
  • Heart Disease: Similar issues affect heart disease diagnosis. Many of these patients don’t display signature symptoms. For example, many female heart attack victims do not have severe chest pains. These diseases are degenerative. So, the longer the patient must wait for proper care, the worse their conditions get.

Surgical errors could happen before, during, or after the procedure. Before the procedure, anesthesia errors are common. The anesthesiologist might administer too much medication, or not enough. During the procedure, simple errors, like leaving devices inside patients, are rather common in busy operating rooms. As for post-surgical errors, many hospitals are breeding grounds for infections.

Birth injuries often involve Shoulder Dystocia. If the doctor fails to detect this condition, the baby could get stuck inside the mother’s birth canal. In these situations, hypoxia, or lack of oxygen, could cause a permanent brain injury in as little as five minutes.

Evidence in Medical Malpractice Claims

There are basically two necessary kinds of evidence in a medical malpractice claim. First, a witness must establish the aforementioned standard of care. Then, a Rockford medical malpractice attorney must show how the doctor’s care fell below that standard.

Expert witnesses usually establish the standard of care. These individuals must have very strong professional credentials. Additionally, they must be able to convey information to jurors without talking down to them.

Rely on a Compassionate Winnebago County Medical Malpractice Attorney

Accident victims are usually entitled to substantial compensation. For a free consultation with an experienced Rockford medical malpractice lawyer, contact Fisk & Monteleone, Ltd by going online or calling 815-315-0574. Home, virtual, and hospital visits are available.

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