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How to Prove Your Medical Malpractice Case in Mokena

How to Prove Your Medical Malpractice Case in Mokena Posted on July 20, 2021

When you visit a doctor, you expect them to give you the best possible care. However, you may experience medical malpractice in Mokena, which means the doctor fell below a standard of care. However, certain elements must exist for it to qualify as medical malpractice.

A Doctor/Patient Relationship Existed
One element you must prove for a medical malpractice case is a patient/doctor relationship existed. It means that you chose the doctor to treat you, and the doctor agreed, which gave them duty of care. This can easily get proven with medical records, and the defense seldom challenges this element. The relationship does not include overhearing medical advice or using advice you found online.

The Doctor Acted Negligently and Breached Duty of Care
You must prove the doctor breached the duty of care, which commonly involves negligence. For example, a doctor may have overlooked a certain test that would have shown the condition earlier. This often requires expert testimony to establish the medical standard of care, or what another competent doctor would have done in the same circumstance.

The Doctor’s Negligence Caused Harm
The next step requires proving the negligence caused you actual harm, and not from you just being unhappy with results. For example, if you’re dissatisfied with plastic surgery results, it doesn’t mean medical malpractice. However, if a doctor left an instrument inside you by mistake or operated on the wrong side of the body, that would likely count as negligence.

Not all medical errors mean medical malpractice in Mokena, but the harm from it can cause permeant damage. If you think you have a case, contact Block, Klukas, Manzella & Shell, P.C. to schedule a consultation.

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