If you've been a victim of medical negligence, you may have a case for Medical Malpractice.
The Southern Illinois Law Firm of Winters, Brewster, Crosby & Schafer
has more than 75 years of experience in successful representation for injury and medical malpractice victims in Illinois and Missouri. Our lawyers based in Marion, Illinois
represent clients in all injury matters including:
No fee until we win or settle a financial recovery for your work injury case.
Call for your free consultation today, and We'll Take Care Of The Rest.
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