What Do I Need to Prove a Medical Malpractice Lawsuit?

What to Expect from Medical Professionals

We cannot expect doctors, nurses, and other medical professionals to “fix” us without exception, no matter how skilled they may be. However, we should expect them to perform their duties at a certain level of proficiency. When a medical professional fails to meet this accepted standard of care, and it results in harm to the patient, that patient, or their family in the case of his or her death, may seek damages. You should hire Chicago medical malpractice lawyer in advance to avoid delays.

Negligence

Medical malpractice cases are based on the premise that a medical professional was negligent at some point while treating the patient. To establish the basis of medical negligence the plaintiff (patient) must prove first the existence of a duty owed to them (doctor/patient relationship). Furthermore, the patient must establish that there is an applicable standard of care and that the physician, nurse, or other medical professional failed to meet that standard, which is considered a breach of duty owed to the patient.

The plaintiff must further prove that they suffered an injury, and that their injury was caused by the health care professional’s deviation from the accepted standard of care. To do this, he or she must present the testimony of a medical expert who is qualified in the same area of medicine as the defendant.

Chicago medical malpractice lawyer

When it comes to establishing wrongdoing on the part of a health care professional is often a difficult task. It requires the testimony of expert witnesses who must testify as to how the defendant deviated from the accepted standard of care. Proving malpractice is equally difficult, especially since the defendants are often the same people who write the reports which provide the basis for the lawsuit. Furthermore, some medical professionals will frame their reports to protect others that are guilty of misconduct.

The law recognizes that medical malpractice victims face these difficulties in proving their cases, and that is why, in certain cases, they are allowed to invoke the legal doctrine known as “res ipsa loquitur.” This Latin phrase translates as “the thing speaks for itself,” and allows the plaintiff to show that a result occurred that would not have occurred except for someone’s negligence.

Use of this doctrine shifts the burden of proof from the plaintiff to the defendant. To use it successfully, the plaintiff must show that evidence of the actual cause of the injury is not obtainable, the injury does not ordinarily occur in the absence of negligence, the plaintiff was not responsible for the injury, the defendant(s) had exclusive control of the instrumentality that caused the injury, and the injury could not have been caused by any other instrumentality.

Shea Law Group

When you or someone you care about has been injured due to the carelessness or negligence of a doctor, nurse, or other medical professional, you have a right to justice. We have extensive experience helping victims of medical malpractice achieve just compensation and we are here to help you. Give us a call at (877)-365-0040 to book your no-obligation consultation with a dedicated and knowledgeable Chicago medical malpractice lawyer from Shea Law Group today.