Understanding the distinction between malpractice vs. negligence in Illinois is crucial when pursuing a personal injury, malpractice, or medical negligence claim involving medical errors. The difference between medical malpractice and negligence lies within the type of personal injury cases pursued.
Malpractice and medical negligence both involve harm caused by medical professionals, but the difference between medical malpractice and medical negligence lies in intent and duty of care owed within the healthcare field. Medical negligence refers to a failure to provide the standard of medical care that a reasonably skilled healthcare professional would offer, often due to an honest mistake or error. In contrast, a malpractice claim involves a breached duty of care that results from deliberate or reckless behavior by the healthcare professional.
Our experienced personal injury lawyer group is well-versed in handling both malpractice or negligence cases, ensuring that clients receive a fair settlement for their injuries.
If you or a loved one has experienced medical malpractice or negligence, it’s time to take legal action. Contact Curcio & Casciato today for a free consultation. Let a dedicated personal injury lawyer or medical malpractice handle your malpractice or negligence case, and seek the justice and fair settlement you deserve.
Duty of Care in a Medical Malpractice Case
In any medical malpractice case, the concept of duty of care is a primary concept. Healthcare professionals, including doctors, nurses, and medical practitioners, have a duty of care to provide medical treatment that is consistent with the accepted medical standard of care within the healthcare field.
When a healthcare provider fails to meet this duty of care within a medical setting, and this failure causes harm, this forms the basis of a medical malpractice claim. The duty of care requires healthcare professionals to perform necessary tests, accurately diagnose a medical condition, and provide appropriate treatment within their power.
Difference Between Negligence and Malpractice in Illinois
The difference between malpractice and negligence is that a malpractice suit applies to the medical field, whereas negligence applies to other areas of the law where the defendant deviated from the reasonable person standard.
Medical negligence occurs when healthcare professionals’ actions deviate from the accepted medical standard of care and caused harm. The difference between medical malpractice and medical negligence lies in the intent and awareness of the medical provider.
A medical malpractice case arises when a healthcare professional knowingly fails to follow the appropriate standard of care. While all medical malpractice claims are caused by negligence, not all medical negligence cases, such as those arising from an honest mistake, are technically considered medical malpractice.
Regardless if you’ve suffered from medical malpractice or negligence, you still deserve to pursue legal action to be fairly compensated for your injuries. Our medical malpractice lawyer group can help you understand your rights.
Examples of Medical Negligence in Chicago
Common medical negligence cases include those arising from an honest mistake from healthcare providers, such as misdiagnosis, medication, surgical, diagnostic, or anesthesia errors, or lapses in hospital administration communication.
If you need to sue a hospital in Chicago, contact our Chicago hospital malpractice lawyers for a free case evaluation.
Examples of Medical Malpractice in Chicago
Operating on the wrong body party and blatantly ignoring patient concerns are all considered medical malpractice. Other examples of medical malpractice claims include operating under the influence or performing an unnecessary procedure for financial gain. Everything from birth injuries to nursing home abuse can all be filed under medical malpractice lawsuits in Illinois.
The difference between medical malpractice and negligence in a medical setting lies in intent and knowledge. A medical malpractice claim involves a healthcare provider knowingly failing to follow the accepted standard of care, while a failure to exercise reasonable care is considered medical negligence.
Common Types of Medical Malpractice Cases in Illinois
Those who experience medical malpractice in Illinois can suffer a range of issues due to healthcare provider errors. A medical malpractice lawsuit can arise from a failure to diagnose, surgery error, unnecessary surgery, medication error, birth injury, improper use of medical equipment, nursing home abuse, and lack informed consent and follow-up negligence claims. Each of these instances is considered medical malpractice, and victims can file a malpractice suit for any of them.
Victims can file a medical malpractice lawsuit to seek compensation for their injuries when medical negligence occurs. These lawsuits can cover medical expenses, lost wages, and emotional distress. It’s important to have skilled legal representation to handle these complex medical malpractice claims cases.
Misdiagnosis and Delayed Diagnosis
Misdiagnosing or failing to diagnose in a timely manner are both considered malpractice or negligence within the medical field. When a healthcare professional fails to diagnose accurately or in a timely manner, it can lead to severe consequences.
Our Chicago misdiagnosis lawyer group has extensive experience handling malpractice and medical negligence cases for misdiagnosis and delayed diagnosis. A skilled medical malpractice attorney can help you fight for the financial compensation you deserve.
Surgical Errors and Unnecessary Surgery
Surgical errors are a common form of medical malpractice and medical negligence. These errors can include operating on the wrong body part, leaving surgical instruments inside a patient, or performing an unnecessary procedure.
These mistakes can lead to severe injuries and long-term health issues. Corrective surgery may be needed, further adding to the patient’s medical expenses. If you’ve been injured or had to undergo corrective surgery, contact our Chicago surgical error lawyer team. Our personal injury attorney group has extensive experience in malpractice and negligence cases, holding negligent healthcare providers liable for disregard of patient safety.
Medication Errors
Medication errors occur when a healthcare professional prescribes the wrong medication, administers an incorrect dose, or fails to account for a patient’s allergies. If a doctor prescribes the wrong medication, it can lead to serious consequences, and in such cases, you may need to sue a doctor for prescribing the wrong medication.
The consequences of medication errors can be severe and long-lasting, making it important to seek help if you’ve been affected. Medical malpractice cases involving such medical negligence can be challenging, therefore seeking help from a qualified medical malpractice lawyer is important.
Birth Injuries
According to the National Institutes of Health, up to 45% of new mothers experience birth trauma. Birth injuries can lead to extensive medical treatment and rehabilitation, impacting the family’s financial stability.
Our experienced Chicago birth injury lawyers will review your child’s medical records, determine if your child’s birth injury is considered medical malpractice or medical negligence, and help you pursue compensation for medical expenses, lost income, and emotional damages.
Improper Use of Medical Equipment
Healthcare providers are trained and sufficiently paid to use medical equipment properly, and a failure to follow protocol can lead to severe injuries as well as possible consequences of wrongful death. Because of this, any healthcare professional who fails to follow proper protocols and harms patients may constitute medical malpractice.
Nursing Home Abuse or Neglect
When nursing home residents suffer from nursing home abuse or neglect, serious consequences, such as bedsores, malnutrition, or unexplained injuries, will occur. A Chicago nursing home abuse law firm can help families determine whether their loved one’s injury was caused by malpractice or medical negligence and help them pursue a negligence or malpractice suit for damages.
Informed Consent and Follow-up Negligence Claims
What is informed consent in Illinois? This is a critical aspect of medical treatment. Patients must be fully informed about the risks and benefits of a treatment before agreeing to it. If a healthcare professional fails to obtain informed consent, it can be considered negligence and can potentially constitute a medical malpractice suit.
Failure to provide adequate follow-up care can lead to further harm and grounds for a negligence claim. Follow-up medical negligence can include not monitoring a patient’s recovery or ignoring symptoms that indicate complications.
Contact a medical malpractice lawyer at Curcio & Casciato to learn more.
Legal Implications of Malpractice and Medical Negligence
The legal implications of malpractice and medical negligence are significant. When a healthcare professional fails to uphold their medical duty and commit malpractice or medical negligence, victims can file medical malpractice lawsuits to seek compensation for their injuries. A malpractice claim can cover medical expenses, lost wages, emotional distress, and other damages related to the injuries.
How Medical Experts Help Ensure Negligent Medical Professionals Are Held Liable
Medical expert witnesses play a significant role in medical malpractice cases. Expert witnesses must be a specific medical provider with the same level of experience as the healthcare professional who caused the injury. These experts explain the care owed by healthcare professionals in their field, how the medical provider deviated from the accepted standard, how their negligence caused or added to a medical condition that caused harm to the injured patient. Medical professionals clarify terminology during their expert testimony, helping the judge or jury understand that malpractice or medical negligence did occur.
Their testimony can also impact decisions made by the respective licensing board to determine if criminal charges should be pursued.
What Happens When You Experience Medical Malpractice?
If you believe you have been a victim of medical negligence or medical malpractice, it’s important to act quickly to preserve evidence and build a strong case against the medical provider. Understanding the possible consequences of poor medical care is necessary, as these personal injury cases require careful documentation and legal guidance.
Gather all relevant medical records, document your injuries, and contact our Chicago medical malpractice lawyer group. Our medical malpractice lawyer team can help you understand your legal rights and options.
How a Chicago Medical Malpractice Lawyer Can Help
If you’ve suffered harm due to medical errors, a Chicago medical malpractice attorney can provide valuable assistance in medical malpractice cases by gathering evidence, working with medical experts, negotiating with insurance companies, and providing experienced legal representation. Legal representation can make a significant difference in both malpractice and negligence cases.
A Chicago personal injury attorney from Curcio & Casciato has the experience and dedication to help individuals harmed by malpractice and medical negligence.
