It depends on whether or not you received the appropriate level of care that should have been expected in the circumstances.
When Can I Sue For Medical Malpractice?
Results are not usually guaranteed and even though a procedure was not successful, that does not necessarily mean that there was any type of negligence. Only if you were harmed due to negligence during the operation would there be grounds to pursue a medical malpractice case. Generally, you need to bring in a medical expert to testify to this point. Specifically, he or she must demonstrate how the defendant's misconduct caused your injuries. Then, you must illustrate how that injury led to damages including financial, physical, mental, or other losses.
How Is Negligence Defined In Medical Malpractice Cases?
In order to succeed on a medical malpractice cause of action in Illinois, you must show that the defendant doctor or other party was negligent and this negligence caused you injuries. What does negligence mean? Generally, it means that someone's actions or omissions were unreasonable in the circumstances. In other words, a reasonable person would have acted differently in the same situation. However, medical malpractices are a bit unique. It's easy to determine if a driver acting reasonably or a construction worker was working appropriately. But whether or not a surgeon or physician or radiologist was negligent is a much more complicated analysis. Therefore, Illinois courts require to establish your case with expert evidence and testimony. Thus, negligence is still used in the same way that it is used in other kinds of lawsuits but it is arrived at in a slightly diffefrent fashion in medical malpractice actions. Here is how Illinois' Jury Pattern Instructions define the task of proving negligence in medical malpractice lawsuits:
In an action for medical professional negligence the plaintiff must prove by expert testimony that the defendant physician failed to conform to the applicable standard of care unless the alleged negligence is grossly apparent or is obvious to a layman. Addison v. Whittenberg,124 Ill.2d 287, 529 N.E.2d 552, 124 Ill.Dec. 571 (1988); Purtill v. Hess, 111 Ill.2d 229, 242; 489 N.E.2d 867, 872; 95 Ill.Dec. 305, 310 (1986); Walski v. Tiesenga, 72 Ill.2d 249, 381 N.E.2d 279, 21 Ill.Dec. 201(1978); Borowski v. Von Solbrig, 60 Ill.2d 418, 328 N.E.2d 301 (1975). See 735 ILCS 5/2-1113 (1994).
Still Thinking About Bringing A Medical Malpractice Case?
Just because someone told you that you shouldn't sue in Illinois for medical malpractice, it doesn't mean you cannot. Only after speaking to an experienced attorney-like one of the Rosenfeld Injury Lawyers LLC- should you make any conclusions about your ability to recover. So call us today to figure out what compensation might be available to you under Illinois law.
For additional information see the following pages:
- Can I Pursue A Medical Malpractice Case If I Signed A Consent Form Before I Had My Procedure That Caused The Injury?
- Do All Chicago Medical Malpractice Lawsuits Go To Trial?
- How Does The Court Decide If A Health Care Worker Was Negligent Under Illinois Law?
- How Much Does It Cost To Hire An Illinois Malpractice Attorney?
- What Does 'Medical Malpractice' Mean?
- What Should I Do If I Think I May Have Been Injured Due To Medical Negligence At An Illinois Hospital?