Personal injury claims are a critical function of civil law, allowing an injury victim to seek compensation for their injury-related losses, like medical expenses, lost wages, and compensation for pain and suffering, when someone else’s actions cause them harm.
Medical malpractice is a category of personal injury law, but has different requirements for meeting the burden of evidence, and may also allow an injured patient an extended time limit, rather than the typical two-year statute of limitations, depending on when the victim discovered the malpractice. Contact our Chicago medical malpractice lawyer today if you’ve been injured in a medical accident.
In all personal injury claims, the injury victim has the burden of proving the at-fault party’s liability. This requires showing that they breached their legal duty of care.
In general personal injury cases, like slip-and-fall injury cases, or car accident claims, the injury victim must demonstrate through the evidence that the at-fault party breached the general duty of reasonable care that we all have to prevent causing harm to others.
In a medical malpractice case, the duty of care for a medical provider is different. Doctors and other providers have an enhanced legal duty to treat patients at the standard of care that’s approved and accepted by the medical community. Failing to adhere to those standards is medical malpractice.
As the injury victim in a claim, the plaintiff must provide compelling evidence of the at-fault party’s liability. For a successful medical malpractice claim, the evidence must show the following:
Damages in medical malpractice cases often include additional medical costs, lost earnings, pain and suffering, and sometimes catastrophic losses, such as limb loss, organ loss, or diminished quality of life.
In the worst cases of medical malpractice, an injury victim may suffer a fatal injury. In these circumstances, their surviving family could recover compensation through a medical malpractice, wrongful-death claim.
Another aspect of medical malpractice that differs from typical personal injury claims is the court’s willingness to extend (toll) the statute of limitations for medical malpractice cases when the injury victim doesn’t immediately discover the malpractice. For instance, if a surgical error occurs because the surgical team leaves a sponge inside a patient’s body cavity, and the patient’s painful symptoms and infection are diagnosed through imaging tests showing the sponge six months after surgery, the statute of limitations begins on the date of discovery under the delayed discovery rule.
Some personal injury attorneys dedicate a significant portion of their practice to medical malpractice clients, giving them deep experience and an in-depth understanding of this type of claim, as well as access to crucial resources, such as medical experts, to provide supporting evidence.
Contact Smith LaCien LLC to learn more about how a Chicago injury attorney can help you throughout every step of the process ahead.
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