Medical Malpractice Lawsuits: Illinois Law Basics

by | Dec 11, 2015 | Law

When you visit a doctor in Belvidere, Illinois, or undergo surgery, you expect to come out feeling better. The same applies if you take a prescription medicine. Unfortunately, this is not always the case. The result you expect may not be the one you wanted. While this may often not be the fault of any individual, sometimes, it is. When this occurs, you have the right to hire a medical malpractice attorney to handle your case.

Medical Malpractice: A Working Definition

In Illinois, the definition of medical malpractice is based on the concept of “Standards of Care.” If a plaintiff wishes to launch an action against a doctor, surgical staff or institution, he or she must prove the failure of the individuals or facility to have failed to adhere to the specific standards of care of the state and institution. This is a “Breach of Duty.” The medical malpractice lawyer you hire must then be sure to establish a linkage between the breach of duty and the actual result.

Common Reasons for Filing a Medical Malpractice Action

According to the statistics of 2013, your attorney may file your suit based on any of the following allegations. These, from the most often cited to the lowest are:

  • Diagnosis related: You received the wrong or incorrect diagnosis of a medical condition
  • Surgery related: You had the wrong surgery or the procedure was incorrect or even the doctor failed to properly extract the right part. In rare instances, a medical professional has left a medical tool inside, requiring another operation to correct the error
  • Treatment related: You underwent the wrong treatment
  • Obstetrics related: Before, after or during birth a procedure was faulty or incorrect
  • Mediation related: The medication you were prescribed was incorrect, its dosage was inaccurate or it was faulty in some way
  • Anesthesia: The wrong type or improper monitoring results in problems
  • Monitoring: Failure of the medical professionals to monitor you and your condition appropriately
  • Equipment: The lack of appropriate equipment, improperly used equipment
  • Other: Anything that does not fall into any of the above categories

Whatever your reason, it is important to be clear and precise. It is also essential to ensure your medical malpractice lawyer has all the medical documentation and related files to ensure he or she can provide you with the best possible defense possible against high-powered insurance company lawyers and the expansive pockets of medical facilities and their representatives.

Hiring a Medical Malpractice Attorney

If you suffer at the hands of a doctor or other medical profession during a simple procedure or are prescribed the wrong medication by your physician in Belvidere, IL, you need to talk to a lawyer. By talking to the professionals at the firm of Fisk & Monteleone Ltd., you improve your chances of standing up to the “Big Guys.”  In other words, if you truly want your case to receive the attention it actually deserves, get in touch with a medical malpractice attorney.

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