Many people think they know what constitutes medical malpractice based on television shows and what they've heard from friends and relatives who may not be qualified to comment. The actual answer differs somewhat from state to state, depending on the jurisdiction in which you reside. In Illinois, the law is very clear. Medical malpractice is said to have occurred when a healthcare professional violated the governing standard of care in the course of treating a patient, resulting in an injury to the patient. Malpractice may be the result of an action that causes an injury or a failure to take appropriate action that would have avoided injury.
If you or a loved one suffers significant injuries at the hands of a negligent healthcare provider, you have the right to seek full compensation for your damages. While many individuals take their issues to court, you also have the option of using an alternate method for resolving your dispute: arbitration. This option can help you work toward settlement, with potentially less stress and time.
Expert witness testimony - whether from a physician, engineer or other educated expert - almost always plays a key role in personal injury litigation. In fact, it is absolutely essential in malpractice cases. Such testimony is usually admitted at trial without incident. However, in some cases involving less mainstream scientific evidence, whether such testimony is admitted or excluded can ultimately decide the case.