Medical Malpractice | Charleston, IL | Brankey & Smith, P.C. | 217-345-6222

Has the medical profession neglected your family?

Surgical Errors | Charleston, IL | Brankey & Smith, P.C. | 217-345-6222

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You should always receive the best possible medical care

Medical malpractice is a form of negligence where an injury results from the failure of a medical professional for medical facility (doctor, nurse, medical technician, psychiatrist, hospital or healthcare facility) to exercise adequate care, skill or diligence in performing a duty.

The determination of whether a duty of care is met depends upon the standard of care for that professional or facility in their community. In other words, the applicable duty arises from the accepted practices of other professionals or facilities in the same field and geographical area.

In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty within the community.

  • Improper Diagnosis
  • Failure To Diagnose
  • Medical Errors
  • Surgical Errors
  • Errors In Prenatal Diagnostic Testing
  • Failure To Advise Of Diagnosis
  • Lack Of Informed Consent
  • Abandonment
  • Failure To Attend To Patient
  • Improperly Prescribing A Drug
  • Failure To Inform Patient Of Available Treatment
  • Continuing Treatment Shown To Be Ineffective
  • Below Standard Treatment
  • Incorrectly Performed Treatment

If you’ve been a victim, moving forward quickly is your best option

It is important the remember that the duty of a medical professional is not the duty to cure, or even to guarantee a good outcome from treatment. Medical malpractice does not occur every time medical treatment is not successful.

Rather, the duty is to provide good medical care according to accepted standards in the community, or, in the case of a specialist, accepted standards in that medical specialty.

Medicine is not an exact science, and doctors are not required to be right every time they make a diagnosis. A misdiagnosis can be arrived at even when all proper tests are performed accurately or evaluated by a skilled doctor with the utmost care.

A misdiagnosis becomes malpractice, however, when if the doctor fails to get a medical history, order the appropriate tests or recognize observable symptoms of the illness.

If you or a loved one has been injured as a result of possible medical malpractice, call us right away or fill out this easy case form.


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