What Is the Standard of Care In Medical Malpractice Cases?

Because most of us are not physicians, we have to place our trust in a doctor when we are sick or injured, turning ourselves over to their care and expecting that they will treat our health, safety, and lives as valuable. Unfortunately, medical providers sometimes make mistakes, act negligently, or overlook symptoms.

When a medical provider’s mistake causes an adverse outcome to a patient, it’s medical malpractice.

Proving medical malpractice against the doctor, medical provider, or medical facility that acted negligently and caused you harm requires substantial evidence showing that the at-fault provider breached the standard of care in your case. Contact our medical malpractice attorney in Chicago if this is the case for you.

Understanding the Standard of Care In Medical Malpractice Compared to Typical Personal Injury Cases

Medical malpractice is a category of personal injury law. In personal injury cases, the burden of evidence lies with the injury victim, who must prove the other party’s liability through a preponderance of the evidence. This means they must demonstrate that it’s more likely than not that the defendant’s actions caused their injury and damages.

In most personal injury cases, such as car accidents and slip-and-fall injuries, the evidence must show that the at-fault party breached the general duty of care that requires them to take reasonable measures to avoid causing harm to others.

For medical malpractice, a doctor’s duty of care goes beyond the general duty. A medical provider has a duty to treat the patient at the level of care accepted by the medical community as the standard of care.

Proving That a Medical Provider Breached Their Duty of Care

A successful medical malpractice case must provide compelling evidence that the doctor, medical provider, or facility failed to meet the standard of care. The evidence must demonstrate the following:

• A doctor/patient relationship was in place at the time the malpractice occurred
• The doctor (or medical provider) owed a duty of care to treat the patient at the standard of care accepted by the medical community
• They breached their duty of care
• The breach of duty directly caused injury
• The injury victim suffered damages from the injury

Damages in medical malpractice cases include economic damages, like medical costs, future medical expenses, lost wages, and compensation for pain and suffering. In some cases, additional compensation is available to catastrophic injury victims, for example, one who lost a limb, one of the senses, or an organ, or who experienced disfigurement, diminished quality of life, or lowered life expectancy.

If a medical malpractice case ends in a patient’s death, their family can recover compensation through a medical malpractice, wrongful-death claim.

Wrongful death claims in medical malpractice cases also rely on evidence that a medical provider violated their legal duty of care to the decedent.

How Can an Illinois Medical Malpractice Lawyer Help Me?

Proving that a doctor or other medical provider breached their duty of care and committed medical malpractice takes substantial evidence to make a compelling claim for full compensation for an injury victim’s losses.

An experienced medical malpractice lawyer has access to medical experts and other resources to support your case. Contact Smith LaCien LLP for skilled representation in your Illinois medical malpractice case.