Comparative Negligence And Your Medical Malpractice Attorney

by | Nov 19, 2015 | Law Services

Every day, people in Belvidere, Illinois, visit a doctor. Some require surgery; others are need in prescription medicine. Throughout the state and across the country, people turn to doctors to help them improve their health. They want to get better. Yet, sometimes, something goes wrong, an error occurs. When such negligence happens, you will need the services of a medical malpractice attorney to help put things right.

Defining Medical Malpractice

Under Illinois law, medical malpractice occurs when a patient is injured or even dies, because of the failure of the medial practitioner or facility to adhere to the set standards of care. In order for a plaintiff to launch a case against the negligent persons, he or she must provide proof of the following:

  • The Medical Standard: This refers to the acknowledged level of or rules of care followed by those in the medical profession. It is this which the doctor or other medical professional must measure his or her treatments in such places as in Belvidere, IL.
  • Breach of Duty: Indications that the medical professional in the case did actually deviate from the standards of care
  • Linkage: The resultant personal injury resulted from the medical professional deviating from the set standard of care

The case must meet all three criteria or a medical malpractice attorney cannot proceed with the case.

A Medical Malpractice Attorney and Your Case

In approaching a suit, a medical malpractice attorney needs to look at all the facts. He or she must understand the standard of care in Belvidere, Illinois. He or she must also be certain the case fulfills the requirements. It then becomes a matter of employing skills and experience, together with a complete comprehension of various aspects of personal injury law, to make the most of the legal matter.

To achieve the results desired by the attorney and the client, the lawyer must fully comprehend such things as:

  • Statute of Limitations – The dates required to file documents and related material
  • The Laws of Negligence – Illinois has comparative negligence – specifically, modified comparative negligence (735 ILCS 5/2-1116) and not pure comparative negligence
  • Compensation Damages – the medical malpractice lawyer needs to be able to decide upon whether special or general or both types of damages are required. He or she also needs to provide specific figures for all the damage categories

This is part of the role of an attorney in handling your case in Belvidere, Illinois.

Get in Touch with a Medical Malpractice Attorney

A medical malpractice case can be emotionally draining. The stress can be severe for someone living with the damages in Belvidere, IL.  By hiring a medical malpractice attorney, he or she can help relieve you of some of the burden and work hard to make sure you get what you and your family deserve.

Are you and your family the victim of a medical professional’s negligent behavior and actions? If you live in Belvidere, a Medical Malpractice Attorney at Fisk & Monteleone Ltd. is there to help. They fully understand what you are going through and will work hard to help you gain compensation for others’ mistakes. Our attorneys are professionals in the field of personal injury. We provide you with the guidance, support and drive to make the case a successful one. To learn more about our firm and what we can do to help you, visit us online, any time at

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