MEDICAL MALPRACTICE INJURY

In The News

Family requests medical records of nursing home for possible malpractice lawsuit

Medical Malpractice > Pain And Suffering

June 16, 2008

Chicago, IL - Authorities said that the family of a Waukegan woman, Virginia Cole, 78, who died two years ago under what police called "suspicious" circumstances at a Woodstock nursing home are taking steps toward legal action against the facility.

Medical Malpractice Overviews

Damages You Can Recover in a Medical Malpractice Injury Case

Recovery in a medical malpractice injury case based on negligence requires proof of the damages proximately caused by the breach of the duty owed to the patient by the physician or surgeon. As in all personal injury cases, the tortfeasor is liable for any compensatory damages flowing from the breach of duty. However, an aggrieved party cannot recover for damages that are remote, uncertain, or speculative. In this regard, the burden is on plaintiff to prove the elements of damages with reasonable certainty.

Physicians or surgeons who hold themselves out as specialists in a particular medical specialty are held to the standard of the average practitioner of that specialty. The generalist who undertakes to practice in a particular specialty will also be required to exercise that degree of care and skill ordinarily used by specialists in that area, not merely the degree of skill and care of a general practitioner. This overview will look later at particular specialists in the medical field.

Generally, medical malpractice actions sound in tort rather than contract. A health care provider does not by undertaking treatment impliedly warrant a cure nor guarantee the best possible result. Nevertheless, health care providers may bind themselves to effect a cure or to accomplish some definite result, thereby giving rise to an action for breach of contract if the desired result is not achieved. A cause of action for breach of contract must be based on the breach of a particular or special agreement. The parties are free to contract as they see fit, as long as their agreement does not contravene public policy.