You always hope for the best when visiting a hospital or a doctor, but there are risks that are taken, as well. If you visit a medical center, have a procedure done, and then do not find the results satisfactory, do you have the ability to sue for medical malpractice in Illinois?
It really depends on the situation. Professionals are quick to point out that there are not many guarantees in this industry. The results may not be as positive as you hoped.
A common example of this is when injuries are sustained in a car accident. Though a doctor may try to save a person’s life, he or she may simply fail to do so. Most of the time, this failure doesn’t mean any malpractice was involved; it just means that, despite the person’s best efforts, the victim was unable to be saved.
The difference is when negligence is involved or when a doctor does not provide his or her best efforts. For example, if the injuries shouldn’t have been fatal but the doctor did not take the proper and expected steps to save the person’s life, malpractice could come into play and the family could sue. If the doctor made a mistake—doing the wrong treatment or providing the wrong medication—the same thing could be true.
A doctor is obligated to provide a proper, professional effort based on the duty of care that is owed. This means that poor results sometimes lead to court cases, but they don’t lead there every time.
Before starting a case, you must understand your rights, the duty of care that was owed, and the role of negligence.
Source: FindLaw, “Medical Malpractice Claim FAQ,” accessed July 22, 2015