Medical malpractice is a form of negligence where an injury results from the failure of a medical professional or medical facility (doctor, nurse, medical technician, psychiatrist hospital, or healthcare facility) to exercise adequate care, skill or diligence in performing a duty. A doctor has a duty to you to use care and diligence to diagnose your illness so that the proper treatment can be recommended. In order to properly diagnose a condition, a doctor should ask about a patient's medical history as well as his or her family's medical history. The determination of whether a duty of care is met depends upon the standard of care for that professional or facility in their community. In other words, the applicable duty arises from the accepted practices of other professionals or facilities in the same field and geographical area. In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty within the community. The Law Offices of Marc. J Shuman & Associates, LTD. provides aggressive representation to victims of medical malpractice.
Medical Malpractice Lawyers Can Help
Going up against a medical facility or professional can be daunting and intimidating. Contacting a medical malpractice lawyer in Chicago will help you get what you deserve, without all of the stress of doing it on your own. An experienced attorney knows exactly how to address a malpractice claim, and will go after the at-fault party aggressively. A good lawyer is working for their client and has the victim's best interests in mind.
Part of the lawyer's job is to investigate and determine whether or not the medical professional has acted within the standard of care. The lawyer will also investigate other issues relating to your care, such as the device that was used and if it was functioning correctly. With a good lawyer on your side, you can be assured that the proper compensation will be awarded to you.
Injuries From Medical Devices
One area in which medical malpractice occurs is medical devices. The Federal Drug Administration reports that it receives several hundred thousand reports pertaining to medical device problems. These problems include serious injuries, malfunctions, and even deaths associated with the suspected device. Anyone who has been harmed by the use of a malfunctioning device should recruit a lawyer to help file a malpractice claim, which will often be filed against the company that manufactured the device.
When the FDA is informed of a problematic medical device, they send out a recall list. If a medical provider uses one of the recalled medical devices, there is a chance that you can file a medical malpractice claim against the provider and be compensated for your pain and medical bills.
What Constitutes Medical Malpractice?
Medical malpractice facts dictate that if the patient care or treatment provided falls below the accepted standards of practice in the medical community and causes harm to the patient, it may constitute professional negligence. Medical malpractice can take many forms. Some common examples of medical malpractice or negligence that could lead to a lawsuit are: failure to diagnose, misdiagnosis, misreading lab results, unnecessary surgery, incorrect medication, improper prescription dosage, delayed treatment, disregarding patient history, failure to obtain proper consent, failure to order proper tests, and poor follow-up care. Unfortunately, the list goes on and on.
If You or Someone You Know Has Been Involved In An Auto Accident,
To Speak To An Experienced Injury Attorney for FREE
Since 1996, the Law Offices of Marc J. Shuman & Associates has been helping Medical Malpractice victims all injured victims and their families navigate the complex legal process. As experienced personal injury, worker’s compensation and wrongful death attorneys, we can help you evaluate the facts, assess your options, navigate the legal challenges, and advocate on your behalf. Marc J. Shuman & Associates has over 77 combined years of experience advocating for over 10,000 injury victims and their families recovering over 50 million dollars on their behalf. We advocate on your behalf, so you can focus on the task of recovery.