Can I File a Malpractice Claim for a Congenital Heart Defect?
While some people believe that a civil claim can be filed for just about anything, in reality there is a great deal to consider before filing a suit. Medical malpractice claims in Chicago can be particularly difficult to prove, which makes it important to think about all the options available before filing such a claim. When it comes to congenital heart defects in particular, this can be difficult since the causes of a defect may be very difficult to determine. In some cases, however, it is appropriate to file a malpractice claim, though you will want to have an experienced lawyer to represent you.
A congenital heart defect is some form of physical defect that occurs in a person’s heart at childbirth, rather than one that develops over time due to other activities. These can be relatively minor and require only careful monitoring and a little treatment, or serious conditions that can only be repaired by surgery during the first year of life. Such treatment can be very expensive, and additional surgeries and procedures may be required years later to continue repairing the defect.
In order to have any chance at successfully filing a medical malpractice claim, it is vital to establish liability and that negligence was involved. It is not enough that an injury occurred; it must be proven that the doctor or doctors were in some way responsible for causing it, either through action or inaction that fails to meet standards for reasonable behavior. This can be very difficult to prove, and typically relies upon expert testimony by other medical professionals who can explain what should have been done, and how the actions of the doctor went against those reasonable actions.
Even if it is proven that a doctor was negligent in some way, it still must be demonstrated that the negligence caused the injury. In this case a congenital heart defect, which can be very difficult to connect to a particular source. Once again, expert testimony will probably be required to establish a causal link between the negligence of a doctor or doctors, and the congenital heart defect that occurred because of it. If you can demonstrate that negligence caused the defect, then the doctor will likely be held liable and you can be awarded damages based on various factors.
Winning a medical malpractice case in Chicago, especially one involving a congenital heart defect, is no easy feat. This type of claim is not something you want to try to handle on your own. Call Mitchell S. Sexner & Associates LLC today at (800) 996-4824 to discuss your case. Speak to our experienced medical malpractice attorneys to find out about your options and make sure your rights are protected.