MEDICAL MALPRACTICE INJURY

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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

How Can a Personal Injury Lawyer Help with My Medical Malpractice Injury

The complexity of medical malpractice claims almost requires the hiring of a personal injury lawyer in the event you or a loved one were harmed by a medical professional. Personal injury lawyers like the ones available here at injuryhelpline.com know are well-versed in medical malpractice injury cases in all of their forms. A personal injury lawyer can thus ensure that you receive fair and just compensation if the facts of your case so warrant.

The concept of consent plays a major role in medical malpractice cases. A patient's consent is a prerequisite to treatment by a health care provider, and failure to obtain consent subjects the health care provider to liability for battery, irrespective of the skill or care used. In some instances, the consent to perform a medical procedure may be implied. Naturally, this general rule of requiring consent may not apply in emergency situations. If a health care provider obtains consent for one procedure but actually performs a different procedure, the provider may be liable for battery.

A health care provider's negligence must be shown to have a causal relationship to the injuries complained of by plaintiff. Although jurisdictions may use different terminology, the courts agree that a defendant is not liable for all injuries that flow from the wrongful act of malpractice. In most states, negligence is actionable only if it is the proximate, rather than the remote, cause of the injury.