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Medical Malpractice Attorney in Chicago


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In the video above, attorney Susan Capra answers some of the most frequently asked questions related to medical malpractice. Ms. Capra is not only a partner at Clifford Law Offices but also a registered nurse who is well aware of the issues involved in medical malpractice claims. Questions she answers in the video include:

We have more videos on this topic. This series of short videos covers such issues as whether malpractice has occurred, what you need to prepare for a malpractice case, and how medical malpractice cases are settled. Want to learn more? Read our medical malpractice FAQs.

What Is Malpractice, and What Should You Do About It?

Medical malpractice is a legal term that describes negligence that results in death or injury by a health care provider who fails to adhere to the accepted standards of practice and care for the relevant procedure. This includes doctors, nurses, technicians, pathologists, hospitals, nursing home facilities, and any person that provides medical care.

The Illinois Supreme Court recently ruled that caps on damages involving medical malpractice cases are unconstitutional. It is the third time that the state’s highest court made that finding, eliminating limits in medical negligence cases. This lack of a cap means that medical providers, medical facilities, and their insurance companies fiercely contest malpractice claims. As such, it is important to choose an attorney who can stand up to these large entities and fight for justice on your behalf. It is also vital that you seek help right away, as insurance companies often launch their lawyers into action immediately upon learning of potential malpractice.

The Causes of Medical Malpractice

Medical malpractice is always preventable. When it occurs, it is due to careless errors or negligence from medical professionals. Overworked nurses, unprepared surgeons, careless physicians, and short-staffed hospitals could all cause patient harm. Proving negligence is a crucial aspect of a personal injury case. To determine negligence, your attorney will look to the cause of the incident. Common causes of medical negligence at Chicago health centers include:

Determining the underlying cause of a medical injury is the first step toward securing compensation. If you believe you’ve suffered medical malpractice, talk with an attorney. He or she will investigate the situation, look for signs of negligence or misconduct connected to your case, and file a medical malpractice claim against the appropriate party/parties.

Elements of a Medical Malpractice Claim

Although every medical malpractice case is unique, they all have certain traits in common. For instance, all come with a burden of proof – a burden to show the defendant is legally responsible for the patient’s injury or illness. For a medical malpractice case in Illinois, you need the following four main elements:

  1. A professional relationship. You need proof you and the defendant had a professional patient relationship at the time of your injury, through documentation and/or medical bills. If a physician gives you advice at a dinner party and following it causes further harm, you cannot sue him or her for malpractice because no professional relationship existed.
  2. Breach of duty of care. The breach of care, or act of negligence, is the main component medical malpractice lawsuit. You will need clear and convincing evidence that the defendant breached, or failed to fulfill, a duty of care to you. Showing up to work drunk or misinterpreting test results are examples of breaches of medical duty.
  3. Causation. There must be a causal relationship between the defendant’s breach of duty and your personal injury. The doctor or hospital’s breach of proper care must be the proximate (main) cause of your damages for you to have a case against the defendant. Otherwise, you may have a case against someone else.
  4. Damages. Finally, victims must show they suffered real damages because of the defendant’s breach of duty. Damages may include medical bills, physical pain, emotional distress, lost quality of life, or lost income.

If you are not sure whether you have grounds for an Illinois medical malpractice claim, contact us. We can review your case and give you our honest opinion on its merit in a court of law. We will review your case for free in Chicago today.

Our Medical Negligence Practice

Clifford Law Offices in Chicago has handled numerous medical malpractice cases. In this era of health care change, Clifford Law Offices’ commitment to consumer rights and awareness is unwavering. We handle all forms of medical malpractice claims, including those involving:

With an attorney-nurse as well as a full-time nurse with a legal background working on these negligence and malpractice cases, Clifford Law Offices offers in-depth medical insight to its clients and referring attorneys. We combine innovative legal theories with well-researched facts related to current medical and pharmaceutical practices.

Robert A. Clifford and Keith A. Hebeisen, partners and medical negligence attorneys at the firm, have written extensively on this subject and were among those in the forefront of the fight on behalf of patients’ rights to a trial by jury.

Our Multi-Million-Dollar Medical Malpractice Case Results