Medical malpractice occurs when a doctor, hospital, nursing home or other health care provider fails to care for a patient as required by the medical standard of care. The standard of care is established by the customs and practices of similar health care providers. In order to prove medical malpractice it is usually necessary to hire expert witnesses.

One purpose of medical malpractice lawsuits is to hold medical providers responsible for their mistakes. Another purpose is to put patients in the position that they would be in had no malpractice occurred. Of course, money can never make you whole again, but it can pay the bills you have already incurred and will continue to incur as the result of medical negligence. If you believe that you might have a medical malpractice case, you should seek legal advice immediately.

Malpractice can occur at the hands of any healthcare provider. Hospitals, nursing homes, physicians, nurses, obstetricians, pharmacists, psychologists, therapists and other types of medical providers are all capable of committing malpractice. They need not even create a new injury to you. Medical providers are responsible for their malpractice even when it aggravates, or makes worse, a pre-existing condition.

Physicians and nurses are ethically bound to disclose important information about your medical condition to you. They are ethically obligated to tell you when their mistakes affect you. They are also ethically obligated to disclose whenever their treatment causes an unexpected result.

In 2002, Health Affairs published a study of medical disclosure practices in 245 hospitals nationwide. The study showed that many hospitals have no formal disclosure policies for their physicians and nurses.

Since 2001, the Joint Commission on Accreditation of Healthcare Organizations has required the disclosure of all unanticipated outcomes of medical care. Furthermore, Illinois law requires that physicians and nurses act in a manner that is consistent with the standards of care for their professions.

If you think you or a loved one has been the victim of medical malpractice then for a free or consultation, contact Hurley McKenna & Mertz, P.C. at 312-553-4900 or fill out our online form and a lawyer will contact you.