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In Illinois, medical malpractice can occur when a doctor or other health-care professional fails to meet the standards of care for their profession, causing harm to a patient. If that has happened to you or someone you love, you need an experienced personal injury lawyer Glenview Illinois. Our attorneys will gather all the facts, do further investigation, and consult with medical experts to make sure we pursue the best path for your case. Contact us today for a consultation at 312-622-2900.
When a doctor makes an error during surgery that results in permanent injury or death, they could be liable for medical malpractice. In order to prove negligence in court and obtain compensation from the at-fault party you must be able to show that a reasonable standard of care was not given.
A medical professional has a duty to exercise reasonable care
A medical professional has a duty to be knowledgeable and competent, and is required to exercise reasonable care. In order for you to prove that your doctor was negligent, you must show one or more of the following:
- the physician was not up-to-date with current medical practices
- the physician deviated from these standards
- this deviation caused harm
- there was a causal connection between the deviation and injury
- the injury led to physical pain, mental anguish, additional medical bills, or lost work/earning capacity
Because there is a lot of expertise required and nuance in medical malpractice cases, it is important that you have a qualified attorney. The personal injury lawyer Glenview Illinois at Carlson Bier Associates has the experience, knowledge, and passion to pursue justice with you.
Risks, Patient Consent, and Medical Records
Informed consent is an important part of the doctor-patient relationship. A medical professional has a duty to inform their patients of all the risks related to treatment and any alternatives that might be available, so that they can make an informed choice about what they want done.
In Illinois, medical professionals must obtain consent from a patient before performing any treatment. Consent is defined as:
- Informed–the patient has been given enough information about the procedure to make an informed decision about whether or not to undergo it.
- Voluntary–the patient agrees to the procedure without pressure from anyone else (including family members).
Medical professionals may not perform procedures on people who do not give their consent unless there is an emergency situation where life or limb is threatened and immediate action must be taken in order for the patient survive or recover from their injuries quickly enough so as not pose a threat of further injury/death down the line.
In addition, the patient’s medical records are the property of the patient. The doctor must keep them accurate and complete, available to the patient on request, and stored in a secure location that is not accessible to unauthorized persons. These records will be extremely important if you decide to file a medical malpractice claim. Your personal injury lawyer Glenview Illinois will need all information available to conduct a thorough investigation and determine the best course of action.
Physician-patient relationship
If there is no physician-patient relationship, the patient has a right to refuse treatment by any healthcare provider, even while in a hospital or clinic. The patient may be under sedation or unconscious and not have the mental capacity to make decisions regarding his or her care. In some cases, such as during surgery, it may be necessary for doctors to provide care without consent from patients because they are unconscious (or unable to communicate).
In other cases where the patient has been admitted against his will (for example if he was brought into an emergency room after being injured), he may not have any say over what happens next, which could include procedures like surgery on broken bones or x-rays taken of internal organs.
In short, you must show that you had a physician patient relationship with the doctor you are suing. You need to show you hired the doctor and the doctor agreed to be hired. This aspect can be difficult to address if there was a consulting physician that did not treat you directly or if the patient was unable to provide consent.
Whatever the circumstances, a personal injury lawyer Glenview Illinois can help you through the process. Medical malpractice claims can be extremely difficult and you want an experienced legal team on your side. Contact Carlson Bier Associates today for a consultation.
Contact our personal injury lawyer Glenview Illinois to help you navigate the legal process
Medical malpractice is a civil wrong, not a crime. It occurs when doctors don’t follow accepted practices and cause harm to patients. It is negligence that can results in injury or death of the patient. Doctors who are negligent do not meet the standard of care expected by other professionals in their field or they didn’t use proper care. A doctor’s failure to diagnose, treat, or monitor an illness or condition that results in injury or death can be grounds for a lawsuit.
If you feel like your doctor has made a mistake that has harmed you or even killed someone close to you, contact us today. Our personal injury lawyer Glenview Illinois can help you determine if there are grounds for filing a medical malpractice lawsuit against the responsible party and their insurance company.
