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What is Medical Malpractice and how is Fault Determined?

What is Medical Malpractice and how is Fault Determined?

Medical Malpractice refers to an incident in which a patient was injured or negatively affected in some way by a health professional’s mistake. In these cases, you should always seek the counsel of a Chicago medical malpractice attorney. The way that blame is assigned in a case such as this is detailed below.

A variety of errors can fall under the heading of malpractice. Malpractice can include when a specialist(s)/health care system fails to follow protocol, enters the wrong area of the body during surgery, amputates or extracts the wrong limb, organ, tooth, etc.; misdiagnoses an ailment, leaves surgical tools inside the patient, or when any bodily harm is caused to the patient that is not a typical risk one assumes during the procedure. The entire health institution can be held responsible if a particular health professional’s qualifications were not thoroughly inspected before hire, for instance. A large number of follies can be considered worth a medical malpractice lawsuit, and multiple people, as well as the institution itself, may be at fault.

The process of determining whether medical malpractice has occurred first involves comparing the health professional’s performance of a certain task to the performance of another on the same professional level, in the same situation. The area in which the health professional/health care system operates, as well as the resources available to that particular specialist, is considered as well. An accused doctor can argue that his unique standards of practice are, in fact, accepted by a small portion of doctors in a certain area; this is called the “Respectable Minority” rule. The fault may be traced to the health care institution that employs the specialist(s) if the protocol that the specialist(s) was following was considered acceptable or overlooked by the hospital/clinic/office. Often, expert witnesses in the same profession are brought forward to testify as to the guilt or innocence of an accused specialist. It is up to the harmed patient to prove that the injury that he or she occurred is not a routine risk of the particular procedure, that the injury is unlikely to happen unless the specialist was careless, and that the health professional was responsible for the patient at the time.

Understandably, it can be difficult to figure out who exactly is at fault. Often, the institution at which the malpractice occurred is sued, along with the specialist(s) directly responsible of the malpractice. It is best to secure a very good Chicago medical malpractice attorney with whom to discuss whether malpractice has occurred, and who is to blame.

If you feel that you have a case, you should call a Chicago medical malpractice attorney at the Shea Law Group for a consultation. Timeliness could be an issue, so don’t wait.

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