How Hard Is It to Prove Medical Malpractice?

Conboy Law Injury & Medical Malpractice Lawyers helps victims of medical negligence. Our competent medical malpractice attorneys understand the legal process and know how to prove these cases. If you were harmed by a medical mistake, we can help you seek justice.

Why Proving Medical Malpractice Is Difficult

Several factors make medical malpractice lawsuits difficult to prove. The legal system protects medical providers unless clear evidence of medical negligence exists.

High Burden of Proof

Patients must prove that a healthcare provider acted negligently. The law requires proof that the doctor failed to meet the duty of care. This means showing they made a mistake that a competent medical professional would not have made.

A poor medical outcome alone is insufficient. A lawyer must demonstrate that the medical provider’s negligence directly caused the injury. This requires expert opinions and strong medical records.

Complexity of Medical Evidence

Medical malpractice cases involve complicated medical terms and procedures. Many jurors and judges do not understand medical errors or standard treatments. Lawyers must use expert witnesses to explain the details.

Medical experts review records, give testimony, and help prove a doctor’s mistake. Without expert support, it is difficult to prove a case.

Defenses Used by Doctors and Hospitals

Doctors and hospitals fight hard against medical malpractice lawsuits. They may argue that:

• The injury was a known risk of treatment.
• The patient had pre-existing conditions.
• The doctor followed accepted medical practices.
• The patient did not follow medical advice.

These defenses make it harder to prove negligence.

Strict Legal Requirements

Proving medical malpractice requires meeting specific legal rules. Some states require an Affidavit of Merit, meaning a medical expert must confirm the claim before the lawsuit begins.

There are also deadlines. Each state has a statute of limitations that limits how long a victim can file a claim. If a case is filed too late, the court will dismiss it.

Legal Elements Needed to Prove Medical Malpractice

Breach of Duty (Deviation from Standard of Care)

The doctor must have failed to provide proper care. If their actions differed from what a reasonable medical professional would do, they may have breached their legal obligation.

Causation (Proving the Breach Caused Harm)

The lawyer must prove that the medical provider’s negligence caused the injury. The patient must show that their condition worsened because of the doctor’s mistake. This is often the most difficult to prove.

Damages (Proof of Harm)

Victims must show real harm. This includes medical bills, lost wages, and pain and suffering. If no damages exist, even a proven medical error may not lead to a lawsuit.

Common Challenges in Proving Medical Malpractice

Proving medical malpractice is not easy. Many legal and medical barriers make it difficult for patients to win cases. Even with clear medical errors, doctors and hospitals have strong legal defenses.

Some of the most common challenges in proving medical negligence are:

Difficulty Establishing Causation

One of the hardest parts of a medical malpractice lawsuit is proving that the medical provider’s negligence directly caused the injury. Many patients already have medical conditions, making it difficult to separate pre-existing issues from new harm caused by a doctor’s mistake.

For example, if a patient with heart disease dies after surgery, their family must prove that the doctor’s actions, not the condition itself, caused the death. Defense attorneys often argue that the injury or death would have happened anyway.

Lawyers must use medical records, expert testimony, and detailed evidence to connect the doctor’s mistake to the harm suffered. Without this, the case may not succeed.

Complexity of Medical Procedures

Medicine is complex. Some treatments involve high risks, even when performed correctly. This makes it hard to prove medical negligence because not every bad outcome is malpractice.

For example, a brain surgery patient may suffer complications, even if the surgeon followed proper procedures. In this case, proving that the medical provider made a mistake is difficult.

Medical experts play a key role in explaining if a doctor deviates from the standard of care. Without expert testimony, a jury or judge may not understand whether a mistake was made. This is why hiring a reliable medical malpractice attorney is essential.

Conflicting Medical Opinions

Doctors often disagree on treatment methods. If a patient’s lawyer presents a medical expert who claims negligence, the hospital or doctor’s lawyers will likely bring in their own expert to argue the opposite.

This creates confusion in court. Juries and judges may struggle to determine which expert is right. If there is doubt, the case may fail.

Strong medical evidence, clear documentation, and skilled legal representation help overcome this issue. A lawyer must show that the medical mistake clearly violated accepted medical practices.

Statute of Limitations

Each state has a deadline for filing a medical malpractice lawsuit. If a patient waits too long, they lose the right to sue.

In Illinois, the statute of limitations for medical malpractice cases is generally two years from the date of injury. However, if the injury was not immediately discovered, the patient may have up to four years to file a claim. If the victim does not file within this time frame, they lose the right to seek compensation.

Missing the deadline means the case is automatically dismissed, no matter how strong the evidence is. This is why it is important to contact an experienced medical malpractice lawyer as soon as possible.

Medical Malpractice Laws That Make Cases Harder to Prove

Here are some key legal hurdles that make proving medical malpractice challenging:

Affidavit of Merit Requirement in Illinois

Illinois law requires victims of medical malpractice to file an Affidavit of Merit when submitting a lawsuit. This affidavit must include a sworn statement from a qualified medical expert who has reviewed the case.

The expert must confirm that the healthcare provider likely violated the standard of care, causing harm. Without this document, the lawsuit can be dismissed before it even begins.

This rule makes it harder for victims to file lawsuits, as obtaining a qualified expert’s opinion can be expensive and time-consuming. An accomplished medical malpractice attorney can help secure the necessary expert review.

Damage Caps in Illinois

Illinois does not have a cap on economic or non-economic damages in medical malpractice lawsuits. This means victims can seek full compensation for medical expenses, lost wages, and pain and suffering.

In 2010, the Illinois Supreme Court ruled that damage caps on non-economic damages were unconstitutional. As a result, victims of medical negligence are not limited in the amount they can recover from pain, suffering, and emotional distress.

While this is beneficial for victims, insurance companies and hospitals still try to minimize payouts. A skilled medical malpractice attorney can fight to secure fair compensation.

Comparative Negligence in Illinois

Illinois follows a modified comparative negligence rule. If a victim is found more than 50% at fault, they cannot recover compensation. If they are less than 50% responsible, their compensation is reduced by their percentage of fault.

For example, if a patient fails to follow post-surgery care instructions and is found 30% responsible for their worsening condition, their settlement is reduced by 30%.

Hospitals and insurance companies often use this law to shift blame onto the patient. An experienced medical malpractice attorney can help prove that the healthcare provider’s negligence was the primary cause of harm.

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We offer a free consultation to discuss your case. You don’t pay unless we win. Call us today to speak with a qualified Illinois medical malpractice attorney and learn your legal options. Let us help you hold negligent healthcare providers accountable.