Medical Malpractice And Illinois Law

by | Dec 18, 2015 | Law

Visiting a doctor, undergoing a medical procedure in a Kane County medical facility or even taking prescription medication is all part of the American medical system. While things usually proceed without issue, sometimes, the system fails to operate properly. If anyone receives improper medical treatment, this may be a case for medical malpractice. While you may be tempted to take the system to task on your own, what emerges is a confusing and complex legal situation. Such are the circumstances that only a skilled medical malpractice lawyer can safely guide you through the tangled web of insurance companies and bureaucracies.

Common Types of Medical Malpractice

A medical malpractice case is based on negligence. A doctor, staff member or other member of the medical facility has failed to perform his or her task with due diligence. As a result, a patient may suffer in any number of ways. Common types of medical malpractice arise from

  • Medication Errors: You are prescribed the wrong mediation or the wrong dosage. Either mistake can result in serious consequences
  • Surgical Errors: A surgeon may operate on or remove the wrong body part. He or she may make an error and cut open or puncture a part of the body resulting in severe damage. Improper sterilization of equipment or the body being operated on have also resulted in increased risks of serious infection. There have also been highly publicized instances where surgical tools have been left inside the body cavity. The result has been interior damage, unnecessary surgical procedures and even, in extreme cases, death.
  • Anesthesiologist’s Errors: An anesthesiologist may incorrectly administer the correct amount of anesthesia. He or she might also neglect to properly monitor the patient during the procedure. Any of these may produce negative results from complications to death.
  • Improper Diagnosis: A physician in Kane County may fail to diagnose a medical problem improperly. This can result in the prescription of the wrong medication or improper treatment.

Any of these scenarios may be actionable. Only a medical malpractice lawyer can help clarify what is or is not a viable case. To do so, he or she will look at the standard of care involved.

Medical Malpractice and Standards of Care

A medical malpractice lawyer understands the specifics regarding Illinois law and the Standards of Care. Under the law, if the patient wishes to claim malpractice, he or she must prove that the medical practitioner or facility in Kane County failed to follow the set standards of care. To achieve this, the lawyer and plaintiff must prove the following:

  • Breach of Duty: In other words, the medical professional or facility actually failed to follow the standards of care.
  • Linkage: The plaintiff must establish a relationship between the actions of the doctor or facility and the resultant injury or fatality. In particular, he or she must link the failure to follow the standards of care to the resultant harm

Talk to a Medical Malpractice Lawyer

If you wish to launch a medical malpractice action in Kane County, it is essential you understand the nature of the law. The law in such procedures is complex and can be quite confusing. If you want to increase your comprehension and improve your chances of reaching a successful conclusion, do the responsible and sensible thing. Contact a medical malpractice lawyer.

If you are looking for an experienced and aggressive Kane County Medical Malpractice Lawyer, look no further than the attorneys at Woodruff Johnson & Palermo. Since December 1999, we have been providing personal attention and committed legal service to all our clients. When it comes to personal injury, medical malpractice and workers’ compensation cases, we fight hard to ensure you and your loved ones receive what they deserve. To learn more, contact us online at

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