Doctors and other healthcare providers are held to a professional standard of care. If they make mistakes that no reasonably competent doctor with a similar background would have made, they can be held liable for the resulting losses. Employers of negligent doctors — like hospitals and clinics — can also be held legally responsible under vicarious liability laws.
Navigating malpractice claims is difficult, though. That’s why you need an advocate on your side.
Gill Ports Hoste LLC is here and ready to be that advocate. With over 100 years of collective experience helping victims, our legal team understands the ins and outs of malpractice claims and can put that knowledge to work on your case.
To find out how, give us a call today to schedule a free consultation with a Schaumburg medical malpractice attorney.
What is medical malpractice?
Medical malpractice is a tort, or a civil wrong that victims can recover compensation. It allows you to take legal action after the failures of any type of medical professional, including a doctor, surgeon, dentist, pharmacist, or other care provider.
You can pursue a malpractice claim if:
- You can show that the doctor or care provider had a duty to you. This includes a duty to obtain informed consent and provide competent care.
- You can show the care provider fell short: The key is whether your doctor’s acts or omissions fell below the standard of care. So, if no reasonably competent medical professional would have behaved as your doctor did, your doctor was most likely negligent.
- You were harmed because of negligence. It’s routine for doctors to argue that your underlying health issue was the cause of your harm rather than their errors. You’ll have to show that it was your doctor’s actions or inactions that hurt you.
- You have suffered damages you can be compensated for: You’ll need to show the extent of your losses, such as by demonstrating that you have higher medical bills now, or a diminished quality of life, or are experiencing emotional distress.
You can also pursue a claim against the employer of a negligent doctor if the provider was working at the time of the incident. That’s because vicarious liability rules make healthcare companies responsible for the on-the-job actions of their staff.
Often, it makes sense to pursue a claim against the hospital or clinic because the clinic may have more insurance coverage if you need a larger payout due to severe damages.
How does a lawyer help if you’re a malpractice victim?
If you are a medical malpractice victim, you need an experienced attorney to help you in important ways, including:
- Identifying all defendants who could be held liable for losses
- Gathering evidence such as medical records, eyewitness testimony, and expert witness testimony
- Proving why your doctor’s care fell short
- Negotiating with the insurer of the at-fault doctor, as well as the hospital or clinic’s insurer, to maximize the chances of a fair settlement outcome.
- Going to court. If the time comes to go to court because no fair settlement offer is reached, Gill Ports Hoste LLC is ready to represent you. We’ve recovered millions in past court verdicts for our many satisfied clients.
Contact a Schaumburg medical malpractice lawyer today
A Schaumburg medical malpractice lawyer can help you take legal action if you or someone you love was the victim of medical negligence. To find out more about the services we offer and the personalized representation we can provide in your claim, give us a call at Gill Ports Hoste LLC or contact us online today to schedule your free consultation.