The Basics about Medical Malpractice Claims

by | Aug 25, 2015 | Law

When we go and visitor our doctor or any other healthcare professional, we automatically assume we are in good hands. We turn to doctors when we are not feeling well, when we are very ill, and even when we are feeling fine but want to ensure that we maintain our health. Because they are relied upon when individuals are at their most vulnerable, it is doubly concerning to accept that physicians are not infallible. Their judgement is not bulletproof, and they make mistakes just like anyone else. That is the very reason, in fact, that attorneys such as Belvidere medical malpractice attorneys exist: to help protect you and defend your rights in the event that a doctor makes an egregious error.

Medical Malpractice

Do you believe that you have been the victim of medical malpractice? It should be noted that medical malpractice claims are typically complex processes that look at a variety of factors when determining where the fault may or may not lie. In general, you must able to prove at least two core claims.

1. You were the victim of a mistake made by a doctor or other medical professional.
2. You have been clearly damaged as a result of that mistake.

Medical malpractice can occur either as the result of an action or inaction by a doctor or other medical professional. This is not strictly related to tangible actions, and also includes things like omissions as well as mistakes.

The Standard of Care

One of the most important things to look at when considering a medical malpractice claim is the standard of care for your particular circumstances. The “standard of care” is a term that refers to the common standard used by medical professionals in surrounding areas to treat individuals with the same kind of illness and circumstances as you. If you are a 32-year-old athlete with a broken ankle, for example, the doctor and other medical professionals that you see must treat you using the standard of care that other professionals are using to treat 32-year-old athletes with broken ankles. It depends upon the patient’s geographical location, age, and medical issue.

Medical Malpractice Injuries and Damages

Even if you can clearly prove that your doctor or other medical professional made a mistake or did not follow the proper standard of care, you must also be able to prove that you have been harmed by the mistake. Your damages must be directly caused by the actions of the medical professional in order to qualify for a medical malpractice claim.

Does that sound confusing? That is because it is. Medical malpractice suits can be very confusing and complex claims to argue which is why you need an experienced attorney to fight on your behalf.

Do not give up on your rights just because the process might not be an easy one. Contact a Belvidere medical malpractice attorney today to discuss your potential claim. Find out if you have been the victim of medical malpractice, and start the road to recovery!

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