Law Offices of Mathys & Schneid - Naperville Personal Injury Lawyer Illinois Personal Injury Law Firm
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How is medical malpractice determined in Illinois?

To fully understand how medical malpractice claims work, you must look at how it is defined and how it is determined in Illinois. A clear understanding of this is an important thing to have, both when determining if a claim makes sense and when deciding to file one -- and how to go about doing so.

The first thing to look at is how it is defined. It centers around the idea of negligence. If a certain level of care -- thought of as the "standard" -- was expected and was not given, it could mean that the health care provider was negligent. Of course, the "standard" does leave a bit of room for interpretation, but it can be clear-cut in some cases, such as when a serious injury is the result.

Now, in determining if this is what happened, looking at the damages that someone suffered is the key. Was he or she injured by actions that were taken or things that were not done? Did he or she run into any other damages as a result? If so, the health care provider could be responsible for medical malpractice.

However, it is important to note that a patient who does not get the outcome that he or she wanted or hoped for does not always have a medical malpractice claim. For example, a surgery may not be able to save someone's life after an accident, simply because the injuries were already too extensive. However, if surgical errors are made that cause the death, that changes things for the surviving family members.

In short, doctors are not expected to be perfect with ideal outcomes every time, but they are expected not to make mistakes and not to make things worse, based on standards of care.

Source: Forbes, "10 Things You Want To Know About Medical Malpractice" Demetrius Cheeks, Sep. 04, 2014

What Our Clients Say About Us

  • "Committed To My Cause"

    I was struck by a car while cycling and severely, almost fatally injured. A team of excellent medical professionals performed complicated and extensive surgical and medical procedures as part of a successful effort to restore my health....-Jeff D.

  • "Could not have made a better choice"

    We found Mark [Mathys] through the web after an auto accident in October 2011. While selecting someone you don't know to represent you can be a gamble, we could not have made a better choice....- Dave

  • "Very satisfied"

    Mark [Mathys] is very professional. He responds almost immediately, via email, to any question, comment or concern I have and if he is not able to respond right away, he will let me know. I have been very satisfied with Mark so far and I am happy to be his client.-Jennifer

  • "Easy to talk to"

    Mr. Mathys and Mr. Schneid were very professional and easy to talk to. Prior to working with them, my wife and I had no real experience with the legal system beyond a house closing, yet Mr. Mathys and Mr. Schneid explained the whole process to us very well. I knew that whenever I had a concern about our case or the legal system in general I could call their office or send an email and receive answers the same day...-Larry

  • "Provided very wise advice"

    I've dealt with attorneys on a variety of issues, almost all of them since leaving college and entering the workplace. Mr. Mathys was the first attorney I had any real experience with, and I was impressed then and remain so. He provided very wise advice and always kept me informed. In the end, he delivered a favorable result. I recommend him highly.- Tyler D.

  • "In-depth knowledge of the law"

    Mark [Schneid] is an excellent and skilled attorney and demonstrated in-depth knowledge of the law when he helped settle my dog bite lawsuit resulting from a traumatic incident. He explained what was needed of me and how I should handle the situation in a professional manner.- Karen K.

  • "They went to bat for me"

    Not long ago I was involved in a car accident where I was hit by a gravel truck at an intersection. After I called Mathys & Schneid, even though I didn't have a very large case, they made me feel like I was one of their most important cases. They went to bat for me with the trucking company's insurance and got me a settlement. I would definitely recommend them to my family and friends.-Dan H.

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