Medical Malpractice Lawsuits: A Beginner’s Guide

Medical errors in the United States cause of more than 250,000 deaths every year and tens of thousands of injuries. Dealing with the consequences of a medical provider’s negligence can be difficult. Many survivors struggle with emotional and financial consequences. Understanding your rights can help you get justice and hold the negligent party who harmed you accountable.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails in their duty of care and harms the patient as a result. This failure can take various forms, including errors in diagnosis, treatment, aftercare, or overall health management. The critical element in determining malpractice is whether the healthcare provider’s actions deviate from the accepted medical standard of care based on clinical guidelines and the practices of reasonably competent medical professionals in similar situations.

Some common forms of medical malpractice include:

• Misdiagnosis or Delayed Diagnosis – This occurs when a healthcare provider fails to accurately or timely identify a medical condition, potentially leading to a lack of necessary treatment during a critical period.
• Surgical Errors – These mistakes can include performing an operation on the wrong body part, closing a patient while leaving surgical instruments inside their incisions, or performing unnecessary procedures, all of which can cause significant harm.
• Medication Errors – Whether the medical professional prescribes the wrong medication, the incorrect dosage, or fails to consider potential drug interactions, medication errors can have dire consequences for a patient’s health.
• Birth Injuries – Healthcare provider negligence during labor and delivery can leave the infant with conditions such as cerebral palsy, Erb’s palsy, or other lifelong disabilities.
• Anesthesia Errors – Mistakes made by an anesthesiologist during the administration of anesthesia can lead to complications that may affect the patient’s recovery or even their life.
• Failure to Treat – If the healthcare provider didn’t follow up on a diagnosed condition or failed to provide required care after a procedure, they can be liable.
• Infections acquired in Healthcare Facilities – If the facility failed to observe proper sanitation protocols, the patient could acquire life-threatening infections.
• Failure to Obtain Informed Consent – The healthcare provider could be liable if they failed to inform the patient of all the potential risks of the treatment and obtain their consent prior to proceeding.

Each of these errors can have severe consequences, leading to prolonged suffering, additional medical costs, a diminished quality of life, or even death. Victims of medical malpractice often face a long road to recovery.

Who Is Liable for Medical Malpractice?

Several parties may be liable for medical malpractice, including:

• Healthcare Providers – In most medical malpractice claims, doctors, nurses, surgeons, anesthesiologists, pharmacists, and other medical staff are the primary individuals sued for malpractice. Any deviation from the standard of care could result in liability.
• Medical Institutions – Hospitals and clinics can be liable if they did not maintain a safe environment or if their policies contribute to the malpractice. For example, inadequate staffing, poorly qualified staff, or poor sanitation practices can lead to patient harm.

Understanding Medical Malpractice Claims

To build a strong case, you must know the key elements of a medical malpractice claim. Every medical malpractice claim must establish four key elements:

Duty of Care

The healthcare provider must have a duty to you, the patient. That means a provider-patient relationship existed, and the provider should have delivered competent medical care.

Breach of Duty

Evidence of a breach in the duty of care by the healthcare provider must be present. You must show that there was a deviation from accepted medical standards, whether through an action taken or a failure to act.

Causation

You must prove that the breach of duty directly caused you harm. This requires demonstrating that the injury wouldn’t have happened if the provider had followed the applicable standard of care.

Damages

You must demonstrate that you suffered damages as a result of the malpractice. This can include physical, emotional, and financial harm.

Types of Compensation Available in Malpractice Cases

In a medical malpractice case, patients have the option to pursue compensation for all the losses they incur because of the injuries they suffered. This compensation, called “damages,” could include:

Economic  Damages

These damages are compensation for actual costs and losses resulting from your injuries. This may include:

• Resulting medical bills
• Lost wages
• Future medical expenses
• Future loss of earning capacity
• Costs of mobility devices or transportation equipment
• Home-based healthcare

Non-Economic Damages

In addition to economic damages, patients can seek compensation for non-economic losses, including:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• Disfigurement

Punitive Damages

When a healthcare provider is grossly negligent or causes intentional harm, the injured patient may be able to recover punitive damages. Although these damages are rarely awarded and can only be obtained if a case goes to court, they can significantly increase the compensation amount.

Hiring a Chicago Medical Malpractice Lawyer

Trying to handle a medical malpractice claim on your own is challenging. For this reason, it is essential to work with a Chicago medical malpractice lawyer. An attorney will be able to take the legal work off your shoulders so you can focus on overcoming your injuries. Some of the tasks an attorney will handle for you include:

• Investigating to determine whether there is a history of medical malpractice
• Examining records of the facility or care provider for other misconduct
• Gathering evidence to build your claim
• Acquiring the required affidavit that says a qualified expert agrees there is a reasonable cause for filing a medical malpractice claim
• Handling communication with the insurance company
• Determining the value of your claim and demanding compensation for your damages
• Representing you in court

Your attorney will fight for your rights and do everything possible to pursue fair compensation for the harm you sustained.

Contact Our Chicago Medical Malpractice Lawyers Now

If you need further assistance or have specific questions about your medical malpractice claim and your rights after being harmed, contact our experienced Chicago medical malpractice lawyer at Wallace Miller. When you call our law firm at (312) 261-6193 or contact us online, we can get started with a consultation to explain your rights and legal options.