How Does the Law Recognize and Deal with Medical Errors : When you need to file a lawsuit against a doctor, hospital, or medical team, how does the any state recognize and deal with those errors? We investigate, below.
Every year, medical facilities perform countless surgeries, and diagnoses, and dispense thousands of prescriptions without fault. However, hospitals overwork their staff. The hospital might be busy, or the surgery during a crisis. Anything could happen that lessens the quality of the treatment that you receive. When quality levels and standards of care start to fall, you run the risk of being on the receiving end of medical errors.
Medical errors are a serious area of tort law. They cause significant pain and suffering to the patient and may well make your condition or injury far worse. Further, these types of cases come with a price in terms of other patients. If it could happen to you, it could happen to others. Wrongful prescriptions or surgeries performed on the wrong people can lead to a lower quality of life for the patient – and might even kill them. It is your moral duty to stand up to those that cause harm in this way to ensure it does not happen to anyone else.
How does any state recognize medical errors?
Legally speaking, a doctor does not need to tell you if they made a mistake in your care. The Patient Safety Network conducted a study recently that claims there are between 210 and 400,000 patient deaths every year due to preventable medical mistakes – and the doctors are not even bound to tell you about them.
If you suspect you are a victim of medical error, you should immediately hire medical malpractice attorneys to help you. They can defend your best interests and make sure you have legal representation, thereby helping you gain access to your own records. The state of Illinois will not even look at your case without the sworn statement of a medical expert that specializes in your area of health or injury. This person must sign a statement to say that the injury or illness was negatively impaired by the treatment you received. Cases must have this statement when you submit them, otherwise, the judge will not hear them.
The Medical Expert clause helps limit frivolous medical negligence lawsuits in Illinois. It has been in play for decades.
How does any state deal with medical errors?
Now that we know how Illinois recognizes medical negligence, we can examine how it deals with them. The three rules of proving medical negligence are the same in Illinois as they are in other states. They go as follows:
- Prove that a doctor-patient relationship existed between you two
- Prove that a breach of duty of care took place within that relationship
- Prove that the medical error made your condition worse
If you can prove all three of the above points, all you need after that is evidence of how badly the error impacted your condition.
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