Patients in a medical care faculty have no legal right to expect five star service but they most certainly have the legal right to expect that they will be treated to a certain acceptable level of care. In the event the medical facility or medical personnel do not provide a duty of care the patient has every right to sue for compensation for the harm he or she suffered. Medical malpractice cases are very difficult to pursue, the specific liability can often be difficult to pin-point; is it the hospital or one of its employees? Perhaps it is the doctor that treated you or perhaps the fault lies with an independent contractor. The only way to get any recourse at all is to hire an experienced Chicago medical malpractice attorney.
The first step; determining liability:
Just because malpractice happened at a hospital does not necessarily mean the hospital is at fault. In general though, hospitals are liable for any negligent act of an employee, the hospital is not however responsible for negligence of an independent contractor.
Most doctors that work in a hospital have the right to practice, but they are independent contractors. If the injuries that you received were at the hands of your doctor your medical malpractice claim will be against the doctor, not the hospital.
Although doctors are usually independent contractors, nurses, med tecs, orderlies and other support staff are employees. In the event the injury was caused by a hospital employee, the patient and his or her Chicago medical malpractice attorney can sue the hospital for damages.
The problem in many cases is a “blurring of the lines.” There have been cases where the injury was indeed caused by the doctor who is independent, but the hospital knew in advance that the doctor was incompetent. In cases like tis there may be reason to claim compensation from both parties.
Never go it alone:
As you can see, medical malpractice is a legal minefield, cases are extremely complex. It is unwise to even consider self-representation if you feel you were subjected to medical malpractice.
If you feel that there is good reason to sue for medical malpractice you need the best Chicago medical malpractice attorney available. You are welcome to discuss all aspects of your potential case with the experts at Shea Law Group.
