Many people believe that if a doctor does something that causes harm it is medical malpractice. The legal definition of medical malpractice, however, is not as simple as that. In fact, there are many instances where a person’s injuries are not caused by a doctor’s negligence and are not considered medical malpractice at all.
Even if it is clear your doctor did something wrong, that is, that he broke the rules of his profession, there are still other factors that must be considered such as how much harm was caused, or whether the breaking of the rules can be proved.
An experienced medical malpractice lawyer can answer these questions. To start the process just call and ask: “Do I have a medical malpractice case?” Once you do, the lawyer will ask what happened and then he will analyze two primary issues: 1) did the doctor or hospital break the rules that govern them? and 2) Did the rule-breaking cause a significant injury?
Let’s take a closer look at each question.
Were the Rules of Good Medical Care Broken?
The key thing to consider in determining whether you have a medical malpractice case is whether the medical professional followed the rules required by his or her profession. One way of thinking about this is to ask what would other doctors have done in the same situation? If they’d have done something different, then there is a very good chance that your doctor was negligent.
In some cases, such as leaving a sponge inside a patient after surgery, the breaking of the rules is clear. In others, such as failing to order a particular test or missing a diagnosis, the break is not as obvious and requires more work and evidence to prove.
Did the Rule-Breaking Cause Significant Injury?
In order to bring a medical malpractice case, you must have been seriously injured. If a doctor did something wrong but his or her actions/inactions did not injure you, you cannot bring a medical malpractice claim.
Whether an injury is serious enough to justify a lawsuit varies from case to case. The best way to find out is to talk to an experienced medical malpractice lawyer, one who knows both the medicine and the law.
Contact Cirignani Heller & Harman, LLP, For A Free Initial Consultation
At Cirignani Heller & Harman, LLP, we are dedicated medical malpractice trial lawyers who help clients all over the United States, but who center our practice in Chicagoland and throughout Illinois. Among our attorneys are board-certified doctors who understand medical standards of care (the rules of medicine).
We can answer your questions and evaluate your case to determine whether you have a medical malpractice claim. Contact us online or call 312-346-8700 for a free consultation.
