3 Steps in Proving Your Medical Malpractice Claim in Lockport

by | Dec 5, 2023 | Personal Injury Lawyers

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Since medical malpractice is a type of personal injury claim, pursuing a successful claim involves proving the caregiver was negligent. There are several steps involved in showing this type of negligence, and understanding this process can help you determine the strength of your own case. It will also give you the information you need to have a more productive consultation with medical malpractice attorneys in Lockport, IL.

Demonstrate a Duty of Care

It’s essential to prove that the caregiver owed a duty of care directly to you. This means you must be able to show that you were a patient under that doctor’s care. If you overheard a physician giving medical advice to someone else, that doctor doesn’t owe a duty of care to you. Establishing a direct relationship is essential in moving forward with your claim.

Show How the Caregiver Breached Their Duty

The second step in the process involves showing that the caregiver breached their duty of care. This could involve proving a surgical error, misdiagnosis, or a failure to inform. This is a vital step because it proves the caregiver’s negligence in the claim.

Establish Your Damages

In the final step, your medical malpractice attorneys in Lockport, IL will prove that the negligence caused you to suffer avoidable consequences. For example, a misdiagnosis might delay proper treatment and result in the illness becoming fatal. Alternatively, a surgical error might have caused additional health issues that require medical care. Your attorney will estimate the total cost to you in terms of your suffering, medical care costs, lost wages, and other damages.

Learn more about your medical malpractice claim when you schedule a consultation with Block, Klukas, Manzella & Shell, P.C.

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