An Overview of Medical Malpractice Laws

An Overview of Medical Malpractice Laws

Medical Malpractice LawyerUnder the state of Illinois Law, a doctor or a health care professional will be committing medical malpractice if they are in breach of an established standard of care while providing medical treatment to their patient, which causes a serious injury or could result in a fatality. The term “standard of care” indicates the set of various medical standards and treatment practices any medical professional would rely on while treating patients under similar circumstances.

How to Determine Malpractice

You will need the services of a skilled medical malpractice attorney to help determine various factors which have led to the malpractice and caused you an injury. In a medical malpractice case, it’s essential to determine:

  1. The age of the patient who suffered an injury or fatality
  2. The condition of the patient while seeking treatment
  3. The condition of the patient before treatment

A violation of any standard of care will be known as medical negligence, which has caused an injury, the plaintiff in such a case has to prove the injury they suffered was indeed caused by negligence and malpractice of the doctor.

 The Common Types of Malpractice

The common types of medical malpractice are:

  • Misdiagnosis/Delayed diagnosis
  • Anesthesia errors
  • Surgical errors
  • Prescription drug errors


Misdiagnosis is the most common type of medical malpractice, where a doctor or a health care professional will tell a patient they have a particular condition, but in reality, they are making an incorrect diagnosis. The most commonly misdiagnosed diseases include infections, cancer, heart attack, blood clotting in the lung and heart diseases. Misdiagnosis can occur with complex conditions because a patient may not always realize all the symptoms which cause a particular disease. Because the doctor has been spending time treating the wrong conditions, these consequences can be life-threatening and even fatal.

Delayed Diagnosis

Delayed diagnosis is similar to misdiagnosis. In this situation, doctors initially make a wrong diagnosis, but the patient eventually does receive the right diagnosis.

Anesthesia Errors

These errors are comparatively rare, but can be more perilous than other medical malpractices. Even a small error by the anesthesiologist can result in lasting injuries, brain damage, or even death. The usual reasons for malpractice by the anesthesiologist include failing to examine the medical history of the patient, or failing to notify the patient about essential preoperative actions. If you have suffered any kind of medical malpractice, make sure you discuss everything with your malpractice attorney.

If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

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