Doctors abide by and adhere to what is known as a “standard of care.” The standard of care is the care that one would expect from a competent physician under identical circumstances. This standard varies and is set by the state in which the doctor practices. If a doctor fails to adhere to the standard of care and falls below the threshold, they can be found negligent and be accused of medical malpractice. This is an extremely complex area of law and anyone involved must have seasoned Chicago medical malpractice lawyers to advocate on their behalf.
* The variable aspects of a medical malpractice case:
There are certain aspects of a medical malpractice case that varies from one jurisdiction to another, these include the standard of care that must be exercised and the statute of limitations which is the time a lawsuit can be brought against the erring medical professional. In most cases the statute of limitations is two or three years; Chicago medical malpractice lawyers can give you specifics for the state of Illinois.
Perhaps the most important component of any medical malpractice action is duty of care. Duty exists when the doctor agrees to treat the patient, the moment the doctor performs any professional action on the patient, duty of care has been established and the doctor must care for the patient in the most appropriate manner.
* Breach of duty of care:
When it has been established that there is a professional relationship between physician and patient, to be considered medical malpractice, there must be a breach of that duty. It is up to your lawyer to prove to the court that the doctor failed to exercise the skill, care and speed that a reasonable peer professional would have under the same conditions.
The final component of medical malpractice is damage. If the medical professional did or did not do what is expected and there is no harm, there is no malpractice; however, if there is harm medical malpractice is present.
If you have reason to believe that you suffered harm at the hands of a medical professional or facility you should consult with Chicago medical malpractice lawyers as there may be a case to sue for damages. You are invited to discuss the details of your case with the Shea Law Group at https://www.shealawgroup.com.
