Every patient who visits a doctor, undergoes surgery or receives a medication prescription in McHenry, Illinois, deserves the best treatment possible. Yet, this can sometimes fail to happen. Whether the doctor is negligent in his or her diagnosis or the surgeon and/or the surgical team makes a medical error, it can result in a medical malpractice attorney taking the professionals to court for their actions.
Finding Proof
In such cases, a medical malpractice lawyer and his or her clients are faced with proving three specific and related items. These are:
- The medical professional owed the patient or client a duty of care
- The medical professional breached that duty
- The breach of that duty directly resulted in you becoming injured or harmed
Unless your attorney is able to prove these three actions occurred and that each is inextricably linked together in a chain of evidence too strong to rend asunder, you will not have an actionable case.
What Is The Prevailing Standard of Care?
Whether the person you believe to be at fault is a doctor, nurse, surgeon or any other medical professional, they all have to conform to what is called a standard of care. The Illinois medical profession has its prevailing standard of care. How he or she behaves in their specific role is rated according to the standards set for that role. The law regards such standards as acceptable in terms of how closely the behavior and actions of the accused reflect the ability, age and experience of those in the identical profession. It is up to a skilled medical malpractice attorney to prove the physician or other medical professional did not live up to those specific standards.
Breaching the Standard and Negligence
While your McHenry medical professional may be guilty of breach of standard, it does not necessarily mean he, she or they are guilty of negligence. Contravening the prevailing standard of care may imply negligent actions. It does not mean, however, that a medical malpractice attorney can always prove it. The lawyers of the medical profession will vehemently disagree with the connection between breach of standard and negligence since the victory of the plaintiff can result in severe consequence. These include:
- License loss or suspension
- Criminal penalties
- Increase in insurance rates
- Court ordered payment of damages
Contacting a Medical Malpractice Attorney
You should never have to worry about any ill effects that can occur from the McHenry medical professions’ negligent actions. However, when such a thing happens, you need to be able to pay for the resulting damages. Malpractice law is complicated. The lawyers you are up against will not willingly pay for any negligence they caused. To get what you deserve, to receive compensation for their actions, you can only do one thing – hire a medical malpractice attorney to fight for you and your rights.
If you are in need of a McHenry Medical Malpractice Attorney, get in touch with the professional team at the Law Offices of Robert T. Edens, P.C. You will find an experienced and excellent team devoted to fight for your rights. Whether it is a personal injury case, wrongful death or Workers Comp, we are ready and willing to ensure you receive compensation for someone else’s negligent actions or behavior.
