In the event a patient is harmed or injured by his or her physician, other medical care personnel or a hospital then the injured individual has every right to claim compensation. As all aspects of proving medical malpractice are phenomenally complicated, the injured party must hire a Chicago medical malpractice law firm that will in turn sue the offender on behalf of the client. The rules that apply to medical malpractice cases vary somewhat between jurisdictions but there are legal principles that apply to all cases.
What has to be proved?
In a medical malpractice case there are three specific’s that must first be proven to exist:
* Patient-Physician relationship: It must be proven that there was a patient-doctor relationship n effect. This is not difficult to prove, if you approached the doctor and he or she agreed t treat you; by default a relationship existed. If, for example, you should approach a physician in a social setting and then suffer an injury as a result of advice you received, there is no established relationship between the physician and the injured party.
* Negligence: If you are unhappy with the outcome of the treatment or the results of the treatment were no what you expected, this alone is not grounds to sue for medical malpractice. It must be proven to the satisfaction of the court that your doctor or other named respondent was negligent and did not exercise reasonable care when you were first diagnosed r subsequently treated. It must be proven that any other reasonably competent doctor, faced with the same situation, would not have caused you harm. This point is usually at the heart of a medical malpractice law suit.
* Damages: Even if it is patently obvious that the physician’s performance was well below par if there were no injuries or harm, there is no malpractice.
To prevail in a medical malpractice law suit, you must be represented by a highly competent Chicago medical malpractice law firm. The laws are extremely complex and seasoned representation is a must.
If you have been injured in the course of medical care or treatment, you have the right to seek compensation. If you are looking for a Chicago medical malpractice law firm to represent you, you are invited to contact the Law Office of Scott D. DeSalvo, LLC. Like us on our facebook page.
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