Surgical mistakes can have devastating results for victims. In these tragic situations, it’s important for those who have been harmed to understand their legal rights after an error is made.
In many cases, the victim of a surgical error can pursue a claim for medical malpractice and recover compensation for their losses. However, it is up to the victim to prove that a surgeon was negligent and thus their mistake gives rise to a claim for damages.
Gill Ports Hoste LLC can help you prove your claim and recover the compensation you deserve. Give us a call today to schedule a free consultation and learn how a Chicago medical malpractice lawyer can help.
You can also read on to learn the details about how you can prove a surgical error was negligent.
What do you need to prove to show a surgical error resulted from negligence?
In order to prove a surgical error occurred as a result of medical negligence, you’ll need to demonstrate:
- The surgeon owed you a duty of care. Whenever a surgeon performs a procedure, they have a duty to you.
- The surgeon breached the duty of care. This means the surgeon’s actions, or inactions, fell below the professional standard of care. You can show this by demonstrating that no reasonable professional surgeon with the same training would have made the type of mistake your surgeon did.
- The breach was the cause of harm. You must show the error the doctor made had adverse consequences for your health.
- That you suffered damages you can be compensated for. This could mean your medical condition worsened, or you required more treatment or experienced more complications
You’ll have to prove all of these elements of your claim to be able to recover compensation for a surgical error. Building a strong claim and demonstrating each of these elements of your case can help you negotiate a favorable settlement or maximize your chances of a win in court if your case goes to trial.
Types of evidence that can help you prove negligence
There are certain types of surgical errors that are clearly negligent. For example, if a surgeon operates on the wrong patient or the wrong body part, it’s obvious a mistake was made. The same is true if a surgeon leaves an instrument inside you.
However, there are other situations where it is not as clear that the doctor breached an obligation. In these cases, you’ll need to provide evidence of a breach of the professional standard of care.
Some examples of the type of evidence you may need to collect include:
- Medical records showing what procedure was performed and what went wrong
- Expert testimony from trained medical professionals who can offer clear insight into what your surgeon did wrong and why it fell below an acceptable standard of care.
- Medical imaging demonstrating the consequences of the surgeon’s failure
- Medical bills and employment records showing you were damaged because of the error
A Chicago surgical error attorney at Gill Ports Hoste LLC can help you to gather all of these types of evidence and more.
Contact a Chicago surgical error lawyer today
For over 100 years, your firm has been fighting for victims of medical negligence. We’ve recovered more than $500 million, and our past case results demonstrate that we know the ins and outs of malpractice law.
We can help you prove your surgeon was to blame for harming you, so give us a call or contact us online today to schedule your free consultation so we can get to work on gathering evidence and building a strong claim.