Medical Malpractice

Medical malpractice (also known as medical negligence) is a type professional negligence committed by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient.
Medical malpractice, autopsy room

A plantiff must establish four elements of the tort of negligence for a successful medical malpratice claim:

  • A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
  • A duty was breached: the provider failed to conform to the standard of care.
  • The breach caused the injury: the breach of duty was a direct cause and the proximate cause of injury.
  • Damage: Without damage, 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.
Copyright 2016 by The Law Offices of Damon La Porte, P.C.
The Law Offices of Damon La Porte, P.C. is based in Cook County, Illinois. The firm serves clients in the West Suburbs and other parts of Chicagoland, including Oak Park, River Forest, Forest Park, Elmwood Park, Stone Park, Chicago, La Grange, Bellwood, River Grove, Melrose Park, Galewood, Berwyn, Franklin Park, Cicero, Maywood and DuPage County.