How Medical Malpractice Lawsuits Work

Most patients are not doctors, so we have little choice but to place our trust in our medical professionals, expecting them to prioritize our health and safety when we seek medical care. Unfortunately, doctors are humans who may be fatigued, stressed, distracted, or simply negligent, causing serious medical malpractice injuries in Chicago and elsewhere.

What Types of Malpractice are Cited In Chicago Medical Malpractice Claims?

When a doctor or other medical provider doesn’t uphold the standard of care, the result can be injury, worsened medical condition, shortened life expectancy, or wrongful death. The most common medical malpractice claims in Chicago and throughout Illinois include the following:

• Medication mistakes
• Misdiagnosis
• Delayed diagnosis
• Missed diagnosis
• Failure to treat
• Premature hospital discharge
• Surgical errors, such as wrong-site, wrong-side, or wrong-patient surgeries
• Anesthesia errors
• Failure to obtain a complete patient history
• Failure to obtain informed consent
• Failure to order the proper diagnostic tests, or inaccurately interpreting test results

When a patient suspects they’ve experienced medical malpractice, they should immediately undergo a complete medical assessment by a trusted provider unrelated to the facility where the malpractice occurred and obtain a copy of their medical records from the at-fault provider or facility. Then, it’s crucial to call an experienced Chicago personal injury lawyer.

The Injury Victim Must Prove a Violation of The Provider’s Duty of Care In a Medical Malpractice Claim

As the injury victim in a medical malpractice claim, you are the plaintiff in the case, requiring you to prove the at-fault party’s liability. In a medical malpractice claim, this means the evidence presented in the case must prove the following legal points of medical liability:

• A doctor-patient relationship was established when the malpractice occurred
• The doctor (or other medical provider) owed a duty of care to treat the patient at the medical community’s accepted standard of care
• They breached this duty of care through negligence
• The breach of duty directly caused injury or a worsened medical outcome to the patient
• The patient suffered damages from the injury

An experienced medical malpractice lawyer investigates all aspects of the case and consults with medical experts to determine the medical error that occurred and the doctor’s failure to treat the patient in accordance with the medical community’s accepted standard of care.

Evidence of Damages In a Medical Malpractice Lawsuit

To recover compensation in a medical malpractice case, the injury victim must have evidence that they suffered damages such as:

• Medical expenses
• Additional future medical expenses related to the injury
• Out-of-pocket costs
• Lost income
• Future income loss or diminished earning capacity
• Pain and suffering
• Catastrophic injury (in cases with permanent harm), such as loss of limb, organ loss, loss of one of the senses, scarring, or disability

Evidence includes medical records, employer statements, and medical witness testimony.

Negotiating a Settlement or Going to Court In a Medical Malpractice Claim

Most medical malpractice claims end in settlements, especially when a skilled attorney compiles strong evidence of a breach of the duty of care and a carefully calculated list of your damages for an evidence-backed claim. Then, they assertively negotiate with the insurer to recover an ample settlement for your damages.

A case may require court if the insurance company fails to offer an ample settlement or denies the doctor’s liability.

How Can a Chicago Medical Malpractice Attorney Help Me?

A skilled attorney prepares your case as though for court by investigating, consulting with medical experts, and compiling strong evidence for a compelling claim. By preparing as though for court, they remain trial-ready while seeking a low-conflict settlement when possible.

Medical malpractice claims are medically complex and legally challenging. Contact Smith LaCien LLP to learn more about your legal rights and the medical malpractice process in Illinois.