Medical malpractice is defined as any act or omission by a physician during a patient’s treatment that derives from accepted norms of practice in the medical community and causes an injury to the patient or death. Medical negligence commonly involves a medical error in diagnosis, medical treatment, health management, medication dosage or aftercare. The mistake may occur due to the omission or a negligence act. This has happened more than it should, and even in places like Aurora, Illinois.
Medical malpractice law derived from English common law, which developed over time by rulings in various state courts. Today, medical malpractice lawsuits are common in the United States, as they provide a way for patients to recover a compensation for any harm that occurred during a medical treatment. The legal actions and regulations for medical malpractice vary and are slightly different for every country.
For example, in Aurora, Illinois, the statute of limitations varies, which means the complainant has a deadline for filing a lawsuit. The medical malpractice lawsuit can be filed within two years of the date the omission or negligence happened, or at the time the harmed party realized the injury or negligence.
How Does the System Work in Aurora, IL?
For these type of lawsuits, the injured party should seek a professional medical malpractice attorney who can give a proper consultation about the statute and the following course of legal action. However, before the scheduled day at court, a selected lawyer needs to perform an investigation to collect and secure admissible evidence.
The plaintiff has to prove the elements of negligence or omission existed in order to win the case. The four stages that need to be confirmed are:
- Damages – The injured party suffered considerable damage, either physical, emotional or financial.
- Breach of Duty – The hospital or the health care provider did not complete the expected standard of care.
- Lack of Health Care – The health care provider or hospital owes a duty.
- Injuries – The breach of duty resulted in injury.
Types of Medical Malpractice Lawsuits
There are numerous types of medical malpractice claims for wrongfully treated patients to get a compensation. Regarding Aurora, Illinois, some of them are:
- Errors in diagnosis
- Delayed diagnosis
- Emergency room errors
- Incorrect medication or other health care provider errors
- Surgery errors
- Lack of informed consent
- Medical device errors
- Birth injuries
- Misread results, including X-rays, ultrasounds, and slides
- Spinal cord injuries
- Nursing home abuse and neglect
- HMO misconduct
- Dental malpractice
Compensatory Damages & Effects of the Lawsuit
As the medical malpractice lawsuits in Aurora Illinois are becoming more common, they have a profound effect on the health care provider’s well being, due to an undermined reputation and lawsuit costs. If the plaintiff wins the case, past and future losses are assessed.
The compensatory and punitive damages will be granted, resulting in economic compensations, life care expenses, medical expenses, and non-economic compensations that assess the aspects of injury, psychological and physical harm, as well as the emotional distress.
On the other hand, in the case of the proven malicious or willful misconduct, the punitive damages include a form of health care provider punishment.