What is negligence and how can it be proved?

An instance of medical malpractice is basically the breach of the civil duty owed to you as the patient by the doctor, nurse, pharmacist, dentist or health care facility and the subsequent breach of that duty.  In order to prove medical malpractice, you must be able to show that the doctor, nurse or other health care provider fell below the standard of care owed to you as the patient. If you are able to prove medical malpractice and you have suffered injuries at the hands of a medical professional in Chicago or the Suburbs you may be entitled to thousands of dollars for your injuries, lost wages, medical bills and long term care. At the Law Office of Attorney Dan Newlin Chicago, we have proudly recovered over 150 Million Dollars for injury and accident victims and we will fight for you!!!

At the law Offices of Attorney Dan Newlin, Chicago, we are honored to protect and fight for victims of medical malpractice. As the son of a Chicago Steel worker and as a former police detective, Attorney Dan Newlin understands firsthand the importance of helping the good people of Northern Illinois and Chicago recover for injuries resulting from a medical professional’s negligence.  On many occasions we find that medical malpractice victims many times involve have more severe injuries and often times are left with permanent physical and emotional incapacitating injuries.  Attorney Dan Newlin and his team of experienced medical malpractice lawyers will fight for you!

We are a local law firm, serving all of Northern Illinois with our law offices located in downtown Chicago.  No matter where you live in Illinois, Chicago or the Suburbs we are here for you 24 hours a day 7 days week, Attorney Dan Newlin or one of his experienced medical malpractice attorneys will be honored to meet you in person to advise you of all of your legal rights and will be honored to personally help you during this difficult time.  Attorney Dan Newlin and his experienced team of Chicago medical malpractice attorneys have proudly recovered over 150 Million Dollars for injury and accident victims. If you have questions about your medical malpractice case call Attorney Dan Newlin now for a free consultation at 312-888-8000.

In any doctor-patient relationship there is a special duty of care—owed by a doctor to a patient—that arises from the trust and confidence placed on the doctor-patient relationship in light of the doctor’s special skills and training. In any medical malpractice case, in order to prove negligence, the patient/victim has to first establish the standard of care and then show that the doctor breached or fell below that standard of care. Basically, if one cannot establish the applicable standard of care then by definition negligence cannot be proven in a medical malpractice case.  Attorney Dan Newlin and his experienced team of Chicago medical malpractice attorneys have proudly recovered over 150 Million Dollars for injury and accident victims.  Attorney Dan Newlin and his team of experienced medical malpractice lawyers will fight for you!

While the laws in the state of Illinois generally tells us what negligence is, it is the medical community that tells us what the select standard of care is in medical malpractice cases. Note that we are not trying to compare the doctors’ actions to what the ideal doctor in the ideal situation would have done but instead we must show what a reasonable doctor would have done under similar circumstances and then we compare that with what the actual doctor being accused of medical negligence did. If you have questions about your medical malpractice case call Attorney Dan Newlin now for a free consultation.

We can also use things such as medical experts, medical treatises, medical texts, medical literature and publications from medical groups to show what the acceptable standard of practice is for the particular situation in question.  Note, however, that in almost every medical malpractice suit a medical expert will have to testify as to what the medical standard of care was in the particular situation in question. In Illinois, you must file an affidavit by a qualified medical professional addressing this standard before you can even file a lawsuit for alleged medical malpractice against a doctor, nurse or hospital.

The patient, through their experienced medical malpractice lawyer, will explain what happened and give specific details to an expert medical professional, who will then take that information and testify as to his or her professional medical opinion given the facts. Medical receipts, test results, doctors’ notes and pictures detailing the injuries can also demonstrate negligence.

There are, however, a small amount of medical malpractice cases that will not require proof of the applicable standard of care because they are self-proving cases. Basically, the patient damages are so obvious that they could not have occurred without negligence. Typical cases are those concerning wrong site surgeries, gross professional misconduct and even wrong patient surgeries. Typically, even in these cases, providing expert testimony is a good idea, but may not necessarily be required to prevail in court, per applicable state statutes governing medical negligence.

If you or your family member is a victim of medical malpractice or have been injured as the result of a surgery, medication or other medical treatment, and believe your injury may have been the product of medical malpractice, you need a skilled, qualified attorney who has experience in dealing with medical malpractice claims by your side to make sure you receive all the benefits and compensation you are entitled to as a result of your injury. My staff and I always consider it an honor to be contacted by the people of Chicago or the Suburbs who have suffered injuries at the hands of a negligent medical professional, and we will always be ready to listen to all of your concerns over the damages and losses you have suffered as a result of their medical malpractice. On many occasions we find that medical malpractice victims many times left with more severe physical and emotional injuries then victims of other types of negligence. Attorney Dan Newlin and his team of experienced medical malpractice lawyers will fight for you. No matter where you live in Illinois, Chicago or the Suburbs we are here for you 24 hours a day 7 days week, Chicago medical negligence Attorney Dan Newlin or one of his experienced medical malpractice attorneys will be honored to meet you in person to advise you of all of your legal rights and will be honored to personally help you during this difficult time.

Attorney Dan Newlin and his experienced team of Chicago attorneys have proudly recovered over 150 Million Dollars for injury and accident victims.

If you have questions about your medical malpractice case call Attorney Dan Newlin now for a free consultation at 312-888-8000.