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If you've been a victim of medical negligence, you may have a case for Medical Malpractice. ​When we need medical care we trust that doctors and physicians will make the correct choices when determining how to best treat our ailments or injuries. Most often they do. However, when a medical professional makes a decision for your health or the health of a family member, and that decision has an adverse or negative effect on your health, they should be held accountable for their error. These cases are not easy, and should not be pursued without the assistance of an experienced and professional lawyer.

Elements of Negligence

A plaintiff must establish all four elements of the tort of negligence for a successful medical malpractice claim*:
1. A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
2. A duty was breached: the provider failed to conform to the relevant standard care.
3. The breach caused an injury: The breach of duty was a direct cause and the proximate cause of the injury.
4. Damage: Without damage (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damage can occur without negligence, for example, when someone dies from a fatal disease.
* 'The Four Elements of Medical Malpractice'. Yale New Haven Medical Center: Issues in Risk Management. 1997

Winters Law, LLC has more than 75 years of experience in successful representation for injury and medical malpractice victims in Illinois and Missouri.

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