Illinois medical malpractice takes many forms. However, contrary to some common assumptions, much malpractice has nothing to do with what medical professionals did incorrectly. Instead, much of it relates to what was not done
For example, the West Virginia Record shared a story on a new medical malpractice lawsuit filed by a couple who allege that their medical providers did not treat the husband when he had a stroke. They claim that this lapse in care had severe consequences for the man. The suit seeks to hold the medical professors accountable and to receive redress for the severe harm that resulted.
The man in this case went the emergency room last September. While there he explained that he was suffering from hypertension and confusion. He was seen by a doctor but then released to go home. The emergency room doctor told the man’s wife that he needed a psychiatric evaluation. She was instructed to give the man a blood pressure bill, take him home, and then have him sleep.
Unfortunately, the man needed much more than a pill and rest. While at home the man apparently fell onto the floor and when he got up he was unable to recognize his family or understand where he was. His wife rushed him back to the emergency room. However, because he had just been there the medical team apparently refused to see him. To make matters worse the complaint alleges that the medical staff failed even to call an ambulance so that the man could be taken to another hospital for help.
Amazingly, according to the complaint the family was forced to get back in their car, drive around the corner, and dial emergency help. The ambulance arrived and headed toward another local hospital. At the other hospital the man was finally diagnosed as having grand mal seizures and several strokes. He needed to be put on a ventilator and he was in the Intensive Care Unit at the facility for eight days. As a result of the delay, the man was left with permanent neurological injuries which might have been prevented had he received care when he first went to the emergency room.
Each Chicago medical malpractice lawyer at our firm has explained to local residents that virtually all medical malpractice suits are negligence cases. To succeed in one of these cases a plaintiff must prove four elements.
1) The defendant owed a duty to the plaintiff 2) That duty was breached
3) The breach caused injury 4) The plaintiff was harmed
In Illinois medical malpractice cases the first element is a given. Doctors, nurses, and other practitioners owe a duty to their patients. There is a breach when care is not provided. A breach exists when that care that a doctor provides or doesn’t provide is lower than what a reasonable doctor would provide in the circumstance. Cause is often confusing in these cases, because the medical team clearly doesn’t “cause” the underlying medical harm. However, the law is clear and logical in holding that a patient can seek recovery for increase in harm as a result of delay.
See Our Related Blog Posts: