Jun 10, 2016

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The Complications Of A Medical Malpractice Claim

The Complications Of A Medical Malpractice Claim

Medical malpractice is a unique type of personal injury; a claim can be made by a patient who has been injured through negligence on the part of any one directly involved in the individual’s medical care. Those that are injured can engage the professional services of a Chicago medical malpractice attorney and sue for compensation. There are special rules that apply when bring this kind of legal action against the medical practitioner.

The legal requirements:

There are four essential elements that must be present when suing for medical malpractice:

  • The medical practitioner had a duty to the patient

  • The duty was breached

  • It was the breach of duty that was the cause of the harm, if it had not been for the breach the injury would not have happened

  • It was the harm that caused the injury

For a malpractice claim to prosper in court all four of these legal requirements must be present. It is the injured party’s responsibility to prove that the medical professional is liable; the accused does not have to prove otherwise.

Duty of care:

It is reasonably easy to prove this, all the plaintiff has to prove is that there was some type of relationship between him and the care provider. Hospitals and their staff and doctors have a duty to patients that have been admitted for care.

Breach of duty:

There are a number of ways that the patient can support the claim of breach of duty.

  • The care was improper: The medical professional provided care but it was not done properly

  • Neglect: Very common when the accused is a nursing home

  • Errors in medication: Prescribing the wrong drug or the wrong dosage

If you think you have been the victim of medical malpractice then you should consult with a seasoned Chicago medical malpractice attorney.

Medical malpractice is extremely complicated and difficult to prove. For you to be successful in pursuing a case of this nature you need a highly qualified Chicago medical malpractice attorney. You are invited to discuss your case with the Shea Law Group. Visit us at www.shealawgroup.com for more information.

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