Do I Have a Medical Malpractice Case in Southern Illinois?

By March 25, 2014 Medical Malpractice

Every time you seek medical care, the professionals who provide that care have a legal obligation to you.  If the physician fails in that obligation, you may have a medical malpractice case.  You can make a medical malpractice claim not just against a primary care physician or a specialist like an eye doctor or cardiologist but also against nurses, hospitals, health centers, dentists, chiropractors, surgeons and anyone else who has a duty to provide professional medical care because you were their patient.

Although the laws provide a lot of protection to patients who receive substandard treatment, you need to understand how the law applies to your case. An experienced Southern Illinois medical malpractice lawyer at Carey, Danis & Lowe can evaluate your case for free and provide you with more information on whether you have a medical malpractice claim. Call today to speak to a member of our legal team.

Determining If You Have a Medical Malpractice Case in Southern Illinois

There are a few key factors that determine whether you have a medical malpractice case or not:

  • Did you seek medical treatment from a qualified professional? If so, that professional had a legal duty to you to provide reasonably competent and professional care.
  • Did the doctor or other health care provider fail to provide adequate treatment? If the care you received was below the standard that a reasonable doctor would have provided, then you may have a malpractice claim.
  • Did you experience some type of harm because of the inadequate treatment? You cannot make a malpractice claim, even if mistakes were made, unless you experienced harm as a direct result of the mistakes.
  • Can you prove that you experienced losses or damage due to the substandard medical care? You must prove that your health suffered; that your prognosis was worse; that your treatment was more costly or that you otherwise suffered some kind of harm because of the care provider’s failures.

Medical malpractice claims can arise because of actions your doctor takes in providing treatment, such as a doctor leaving a surgical instrument inside of your body.  Claims can also arise because of omissions, such as when a doctor fails to diagnose your medical condition when any reasonable doctor would have.

Proving Your Medical Malpractice Case

To win a malpractice case, you have the legal burden of proving that you were hurt by your doctor’s negligence.  You must show this by a preponderance of the evidence, which means proving more likely than not.  Typically, you are going to need expert witnesses who are willing to testify at your trial in order to prove your case.

At Carey, Danis & Lowe, our experienced Southern Illinois medical malpractice lawyers have extensive experience helping clients to prove malpractice claims and we have a network of experts who can help with your case. Call us today or contact us online to schedule a free consultation with a member of our legal team to learn more about how we can help you.

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