Medical Malpractice Lawyer Belleville

When your doctor has caused harm due to medical errors, you are due for compensation. Medical malpractice has been dropping year by year, but it is still a very big issue in the healthcare field. If you have experienced medical malpractice, then you should seek legal advice before submitting your claim for a settlement. That is because not all injuries can qualify as medical malpractice. There are four essential elements required in a medical malpractice claim, which include a duty of care, dereliction of duty, causation, and damage.

If you recently had a personal injury and believe it is medical malpractice, then you can get the support you need. You can work with a reliable team of legal professionals who can guide you during this difficult process. Contact Hipskind & McAninch, LLC for a free consultation.

What Is Medical Malpractice

Medical malpractice is when a doctor or healthcare practitioner fails to fulfill the requirements of their role. This is usually due to negligence that directly caused some form of injury. Some of the incidents that can be considered malpractice are the misdiagnosis of your illness, the wrong surgery, the wrong dosage of medicine, the wrong medicine, and tools left inside of you after surgery. 

Medical errors such as misinterpreting lab results, ignoring lab results, not warning you of healthcare risks, and other forms of neglect are also considered medical malpractice. As long as a doctor and patient relationship exist, the doctor must uphold their responsibilities and provide high-quality medical care. 

How Medical Malpractice Works

For your personal injury case to qualify as medical malpractice, it must meet these four criteria:


Your doctor is required to perform at the highest standard of care while giving you medical treatment. They have to keep you well-informed of your health, tell you about any potential risks, and make sure that your personal data remains confidential. If the work ethic of a doctor falls beneath these standards, then their ability to commit to their duty has been breached. 

Dereliction of Duty

All doctors have the responsibility to maintain a professional relationship with their patients. If a doctor does not do this, then their activity is considered to be dereliction. For example, if they don’t keep the area clean, provide the wrong medicine, or misdiagnose a patient, this all falls under this category. 


The doctor’s actions have to be directly influential in your personal injury. If their negligence is the main reason why your injury happened, then you can claim medical malpractice. The actions of the doctor have to be directly correlated to your injury. 


If you have experienced physical harm, non-physical or emotional harm, and financial loss, this can be considered the result of medical malpractice. Any damages that occur due to the actions of a healthcare professional will be included in settlement compensation. 

What Do Medical Malpractice Lawyers Do?

Your attorney will present your case to the physicians involved, their hospital, or their insurance companies. They will provide all of the evidence covering the four criteria so that they can prove that this is a case of medical negligence. After careful consideration of your evidence, they will come up with a strategy to negotiate your claim. While this may take a few months, the attorney will try to bring about a fair settlement amount. If no one can agree to your terms or no negotiation can be made between the parties, then your attorney will represent you in court. 

What Can Be Included In Your Settlement Compensation

The personal injuries you endured can include both economic and non-economic damages. Economic damages include the medical costs caused by the wrong treatment, infections, and other illnesses caused by the doctor. If there is income loss, then you can include that as well as the ongoing costs of any treatment plans or therapy sessions. Your non-economic damages can include grief, depression, anxiety, and other forms of emotional distress you experienced because of the personal injury. 

If you are filing on behalf of a family or loved one because of wrongful death, then you can include other costs. This means that any burial, funeral, and medical costs can also be covered. When your loved one passes, you can include additional damages such as the loss of a companion, the value of their services, income loss, and the lack of their support. You can find out additional damages you may be compensated for from your lawyer. 

Find Out More About Medical Malpractice Claims

If you have experienced a personal injury that you believe was caused by your doctor, then you can work with professional medical malpractice lawyers in Belleville, Illinois. Reach out to Hipskind & McAninch, LLC today for a free consultation.