We Help Victims Of Medical Negligence Get Justice
Each year, many Americans seek medical attention. For some, care may be as simple as a routine flu shot. For others, however, the trip may be for an emergency medical situation or the treatment of an ongoing illness. Regardless of the reason, patients put their trust in medical providers and expect them to comply with a high standard of care.
When a trip to the doctor leads to more complications or leaves you with an injury, Pavich Law Group, P.C., is here for you. We have more than 100 years of combined experience, and we serve clients in the Chicago, Illinois, and Indiana areas. We will walk you through the complicated legal aspects of your case to make sure you get the compensation you deserve.
What Are The Most Common Types Of Medical Malpractice?
Medical negligence can occur in a variety of situations, and its impact on victims’ lives is often devastating. Medical malpractice claims and lawsuits can be brought against any type of negligent medical professional, including doctors, surgeons, nurses, dentists, healthcare facilities, pharmacists, EMTs and nursing home staff members.
Although each incident is different, medical malpractice cases typically fall into three main categories:
- Improper treatment: If your physician treated you in a way that another competent physician would not have, you main be the victim of medical malpractice. Similarly, you may also be a victim of malpractice if the physician chose the appropriate type of treatment for your situation but administered it incorrectly. Errors in prescribing medication can also fall into this category.
- Misdiagnosis or failure to diagnose: If your doctor misdiagnosed your injury or illness or failed to diagnose a discoverable condition, they may be guilty of malpractice, especially if another medical professional would have given a correct and timely diagnosis.
- Failure to warn of possible risks: Medical professionals have a duty to warn their patients of any known risks of a procedure or course of treatment, also referred to as the duty of informed consent. If you were not properly warned of the potential risks of a procedure and would not have elected for the care had you been fully informed, your physician may be liable for medical malpractice.
How Common Is Medical Malpractice?
According to the National Academy of Medicine, medical errors in hospitals kill as many as 98,000 people per year. This staggering number is enough to raise concern, but there are even more troubling statistics. According to CNBC, medical errors are the third leading cause of death in the United States.
While patients need to trust their doctors, nurses and medical providers, medical malpractice is a huge concern for those seeking treatment in the United States.
Our Chicago medical malpractice attorneys would be proud to assist you.
What Are The Grounds For A Medical Malpractice Claim?
In order to seek compensation and hold your physician liable for your injuries or illness, you must first be able to prove that medical malpractice occurred. To prove that you were the victim of malpractice, your attorney must show that:
- There was an established doctor-patient relationship. You must prove that you hired the physician in question and that they, in turn, agreed to be hired by you. It is easy to show that a doctor-patient relationship existed if you were visiting the doctor and being treated, but it is harder to prove that this relationship was established if you were harmed in some way by a consulting physician who did not directly treat you, or in the emergency room, where there are different standards of care.
- The doctor acted negligently. A physician is not liable for malpractice simply because you were dissatisfied with the treatment or the results of your procedure. Rather, the doctor must have been negligent in your diagnosis or treatment process. Your attorney must be able to prove that your physician caused you harm because they did not act the way a competent doctor in the same situation would have acted. To show that negligence occurred, your attorney will most likely need to present the testimony of a medical expert to explain what standards of care are considered skillful and careful in situations similar to yours. Fortunately, one of our attorneys is a registered nurse (RN) and brings meaningful experience and connections to the table.
- Your injuries were caused by the doctor’s negligence. Because medical malpractice cases often involve patients who were already ill or injured, you will need to prove that it was the physician’s negligence that caused you harm, not your preexisting condition. To hold your doctor liable for malpractice, your attorney must show that, more likely than not, it was the doctor’s negligence that caused you harm.
- Your injury resulted in specific damages. Even if it is obvious that your physician acted negligently, you cannot hold them liable for medical malpractice unless their behavior directly causes you harm. Some examples of specific damages victims sustain include:
- Physical pain
- Mental anguish
- Additional medical costs caused by the negligence
- Missed wages
- Lost future earning capacity
- And more
If you believe you have grounds to file a medical malpractice claim, you need to speak with a skilled Chicago medical malpractice attorney as soon as possible to discuss your rights and options to pursue justice.
Pavich Law Group, P.C., Is Standing By To Discuss Your Case
When you work with Pavich Law Group, P.C., you will be working with attorneys who have over 100 combined years of legal experience and a rich track record of helping their clients obtain the highest level of compensation available. We evaluate each case individually and help you determine the best course of action for your case.
We can discuss the potential outcomes of your case during an initial consultation.