Medical malpractice claims allow patients harmed by healthcare providers to pursue justice. However, to make a successful claim, you’ll need to prove four key elements of your case:
- The provider owed you a duty of care
- The provider breached the duty
- The provider’s negligent breach of the duty caused harm
- You suffered damages you can be compensated for
Gill Ports Hoste LLC can help you understand the legal elements of a malpractice claim, gather evidence, and build the strongest case possible. Our firm fights for victims of medical negligence, and we are committed to doing everything we can to get you the justice you deserve.
Give us a call today to schedule a free consultation with a Chicago medical malpractice lawyer at Gill Ports Hoste that brings decades of experience, or read on to learn about each of the four elements of a malpractice claim.
1. The healthcare provider owed you a duty of care
The first key element of a medical malpractice claim is that the care provider owed you a duty of care. In almost all circumstances where you visit a doctor, this duty arises.
Whether you make an appointment with a primary care physician or show up at an urgent care or ER, providers who treat you are expected to provide you with a professional level of care.
2. The provider breached the duty of care
The second thing you must prove is that your provider breached the duty of care. This typically means showing that the level of care they provided fell below what a similarly trained physician would have done under similar circumstances.
Providers are not all held to the same standard. Their behavior is assessed in light of the situation. For example, a cardiologist is expected to be better at recognizing signs of a heart attack, including unusual presentations, than an ER doctor. A trained trauma surgeon at a Level 1 Trauma Center would be expected to perform surgery with a higher level of skill than a general surgeon in an under-resourced rural hospital.
The key is whether the doctor’s acts or omissions fell below what would be expected of a reasonably competent provider in a similar situation.
3. The negligence caused harm
The doctor’s negligence or breach of duty must also have caused harm. This means your health must have been made worse in some way by their failures.
Proving this element of your case can often be complicated, because providers sometimes argue that your outcome would have been the same even if they had been reasonably competent. You’ll need solid proof revealing how their acts or omissions were the cause of damage rather than your underlying medical condition.
4. You suffered damages you can be compensated for
You will also have to show that you suffered losses you should be provided with compensation for. Typically, this includes demonstrating that:
- You incurred medical bills, and/or will need ongoing medical care in the future because of your doctor’s failures
- You missed work, or had to take vacation time or sick leave, due to the problems your negligent doctor caused — or your earning power in the future will be reduced because of their failures
- You experienced pain and suffering and emotional distress as a result of the care provider’s negligence
If the medical negligence killed your loved one, you can also pursue a claim for wrongful death damages.
Contact a Chicago medical malpractice lawyer today
Gill Ports Hoste LLC can help you to prove each of these elements of your claim. Give us a call or contact us online today to schedule a free consultation with a Chicago medical malpractice lawyer to learn more.