How Do I Know If I Have a Medical Malpractice Case?

How Do I Know If I Have a Medical Malpractice Case?

Joseph Conboy | June 3, 2025 | Medical Malpractice

Conboy Law Injury & Medical Malpractice Lawyers helps people across Illinois who suffered injuries due to medical negligence. Our team investigates what went wrong, gathers medical records, and determines if your healthcare provider breached the accepted standard of care.

If we find the doctor or medical provider made avoidable errors, we fight hard to help you recover compensation for your losses.

What Is Medical Malpractice?

Medical malpractice occurs when a medical professional fails to provide the quality of care that is expected in the medical community, and that failure causes harm. In legal terms, it means a healthcare provider gave substandard care that no reasonably skilled medical professional should have delivered in that situation.

This breach could involve an error during a medical procedure, an incorrect diagnosis, a delayed diagnosis, or even giving the wrong medication. It could also mean failing to tell a patient about the risks of a treatment or not getting informed consent.

Examples of Malpractice

  • A doctor gives the wrong medication dose, causing a life-threatening reaction (incorrect dosage).
  • A surgeon performs a procedure on the wrong body part or forgets a tool inside a patient.
  • A healthcare provider misreads test results and misses a cancer diagnosis.
  • A hospital discharges a patient too early without proper tests.
  • A healthcare professional fails to get the patient’s informed agreement before surgery.

These kinds of medical errors can lead to worsening conditions, new symptoms, or even death, and they may constitute malpractice under Illinois law.

Signs You Might Have a Medical Malpractice Case

Signs You Might Have a Medical Malpractice Case

Sometimes it’s obvious. Other times, you may not be sure if what happened was normal or something more serious.

Common Red Flags

  • Your condition got worse after receiving medical treatment.
  • Another doctor gave you a very different opinion after a second opinion.
  • You didn’t know about the risks or side effects of a procedure until after something went wrong.
  • There were delays in getting test results or treatment occurred too late to help.
  • You experienced unexpected or unsuccessful results that weren’t explained clearly.

Emotional or Physical Harm You Didn’t Expect

If you’ve had pain, worsening illness, or emotional distress that seems connected to a healthcare provider’s actions, this may be a sign that medical negligence occurred. Maybe you were left with lost wages, new medical costs, or long-term issues not explained before the procedure.

These can all signal a deeper problem worth reviewing with a medical malpractice attorney.

What Does “Standard of Care” Mean?

The standard of care refers to what a competent medical provider should do when treating a patient in a similar situation. If the doctor failed to meet this basic standard, something that most medical experts would agree on, that failure may support a malpractice claim.

Proving that the health care provider failed to meet the standard often requires presenting evidence, getting expert opinions, and showing the link between the provider’s actions and the injury.

When It’s Not Medical Malpractice

When It’s Not Medical Malpractice

Not every bad outcome counts as medical malpractice. Sometimes, even with excellent care, complications happen.

Bad Outcome vs. Negligence

Bad Outcome

Negligence

A known side effect occurs, even with proper care.

A medical professional misreads a scan, leading to a missed diagnosis.

The treatment plan was followed, but the patient’s body didn’t respond.

A nurse gives medication without checking for allergies.

Surgery went well, but recovery is slower than expected.

The doctor operates on the wrong part of the body.

Situations That Usually Don’t Qualify

  • The illness was too advanced for any treatment to work.
  • The healthcare provider warned you of risks, and you fully informed and agreed.
  • A medical mistake didn’t actually cause any real injury or harm.
  • You just didn’t like the result, but it matched accepted standards of care.

How to Know If You Have a Case: A Simple Checklist

  • Did the medical provider or doctor do something other professionals wouldn’t do?
  • Were you harmed in a way that feels unexpected or avoidable?
  • Do you have medical records or bills showing problems with your care?
  • Has another medical expert suggested something went wrong?
  • Have your costs, health, or quality of life worsened because of the treatment?

If you’ve checked more than one box, you might have a valid claim and should speak to a lawyer.

Why You Should Talk to a Medical Malpractice Lawyer

Why You Should Talk to a Medical Malpractice Lawyer

Talking to a medical malpractice attorney can give you clarity. Many firms offer a free consultation to review your case. A legal team can look at your medical records, speak to medical experts, and tell you whether your experience meets the legal definition of medical malpractice.

Legal Teams Can Evaluate Your Case Quickly

You don’t have to go through the legal process alone. Experienced lawyers understand the complexity of medical malpractice claims and can explain whether your legal action has a strong chance of success. They can also work to get you fair compensation for your pain, lost wages, and medical care needs moving forward.

FAQs

If your doctor made a mistake that caused unexpected pain, a new illness, or long-term problems, you may be a victim of medical malpractice. This could involve a negligent action, such as a misdiagnosis, giving the wrong medication, or failing to explain risks before a procedure. If you suffered harm that a reasonably skilled provider would have avoided in similar circumstances, it’s important to speak with a lawyer right away.

You need more than just a bad feeling or poor results. To file a medical malpractice lawsuit, your legal team must show there was a warning sign or medical error that directly caused you harm. You will need medical records, expert opinions, and proof that your care fell below accepted standards. This is why hiring experienced legal representation is essential.

Some warning signs include not being told about risks, feeling worse after surgery or medication, or having to correct a doctor’s mistake later. Other errors, like missing test results or unexplained delays, may also be red flags. If your treatment led to potential complications that were never discussed, or your outcome feels unusual compared to others in similar circumstances, it’s time to ask questions.

If your case is successful, you may receive a fair settlement that covers both your financial and emotional losses. This includes payment for medical bills, lost wages, pain and suffering, and ongoing treatment for potential complications. Your lawyer will work to prove the negligent action caused real harm and push for the amount you truly deserve.

Medical malpractice lawsuits are complex and require skill. Proving that a healthcare provider made an avoidable mistake takes more than just pointing out a bad outcome. A good attorney can gather evidence, work with experts, and explain why the doctor’s care was not acceptable under similar circumstances. With the right legal representation, you stand a much better chance of getting justice and financial relief.

Contact Our Medical Malpractice Lawyer for a Free Case Consultation

Contact Our Medical Malpractice Lawyer for a Free Case Consultation

If you believe a negligent action by a doctor or hospital caused your injury, it’s important to speak with a lawyer as soon as possible. You may not know exactly what constitutes medical malpractice, but if you experienced unexpected harm or new health problems after treatment, it’s worth getting legal advice. Conboy Law Injury & Medical Malpractice Lawyers helps people understand their rights and explore their options for filing a medical malpractice lawsuit.

Our team knows how to investigate cases where a healthcare provider breached the accepted standard of care. Whether you’re facing rising medical expenses, emotional distress, or lasting health issues, we are ready to guide you through your next steps. We work to uncover what went wrong, who’s at fault, and how much financial compensation you may be entitled to receive.

Contact us today for a free consultation. There’s no risk, and you pay nothing unless we win.

Conboy Law - Chicago, IL

Address: 60 W Randolph St. 4th Floor Chicago, IL 60601

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