What Constitutes Medical Malpractice?
When a health care professional or a health care facility neglect to provide the appropriate treatment fails to take the correct action or fails to provide appropriate treatment and the result is harm, injury or death to the patient, medical malpractice may have occurred.
In the majority of cases the malpractice stems from an incorrect diagnosis, an error in medication or dosage, treatment or aftercare.
The law provides an avenue for the patient to recover compensation; he or she can engage the professional services of a Chicago medical malpractice law firm and sue for damages.
Precisely, what is medical malpractice?
A health care professional or a hospital is expected to provide a certain standard of care. In the event the patient suffers harm or is injured as a result a deviation from the expected standard of care then there is a possibility that negligence was involved which in turn results in a case of medical malpractice.
There are certain factors that must be involved:
* The law demands that health care professionals provide a certain standard of care, should they fail to do so they may have committed a negligent act
* If there is no harm, there can be no medical malpractice. It must be proven that the injury was due to negligence
* There must be evidence of injury or harm which was caused by the negligent act
What damages may be awarded?
Should there be ample evidence that there was negligence the patient must hire a Chicago medical malpractice law firm and file a lawsuit in court. In the event the court agrees, or an out of court settlement was negotiated the plaintiff (patient) might be awarded both compensatory and punitive damages.
Compensatory damages include such things as lost earning capacity, long term care expenses, emotional distress and pain. Punitive damages are awarded if the medical professional was found to have acted maliciously or is found guilty of professional misconduct.
If you believe you suffered harm or an injury due to a negligent act on the part of a health care professional you should hire a Chicago medical malpractice law firm and sue for compensation. You are invited to contact the Law Office of Scott D. DeSalvo, LLC. Like us on our facebook page.