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When you trust a doctor or hospital, you expect safe, careful treatment. But sometimes, that trust is broken. Medical errors can cause serious harm. If a healthcare provider fails to meet the right standard of care, you may have a medical malpractice claim. These cases are complex, but knowing what must be proven is the first step.
Conboy Law Injury & Medical Malpractice Lawyers helps patients and families understand their rights. We know the pain, stress, and confusion that come with injuries caused by medical professionals. Our team works to hold the right people accountable.
We know what evidence matters. We focus on getting justice for victims of medical negligence. Whether the harm was caused by surgical errors, medication mistakes, or a delayed diagnosis, we can guide you through every part of the legal process.
Medical negligence happens when a healthcare provider fails to give the care that a competent healthcare provider would have given in the same situation. Not every mistake is considered medical malpractice, but when the mistake leads to real harm, it becomes a serious legal matter.
Negligence may involve medical errors, poor judgment, or failure to follow accepted medical practices. If the doctor’s negligence leads to the patient’s injury, the injured person may have a strong malpractice claim.
To win a medical malpractice lawsuit, you must show more than just a bad result. You must prove the healthcare provider’s actions caused real harm. Courts require proof of each part of the case. If even one part is missing, the case can be lost. That’s why proving negligence is so important.
Each medical malpractice claim must clearly show how the medical professional failed and how that failure directly caused the injury. Without these facts, the insurance company or court may reject your case.
To win a medical malpractice claim, you must prove four important facts. These are called the elements of medical malpractice. Each one plays a key role in showing that a healthcare provider made a serious mistake.
You must prove all four to succeed in court. Missing even one can cause your case to fail.
The first step is showing that a doctor-patient relationship exists. This means the healthcare provider has a legal duty to give care to the patient. If a doctor agrees to treat you, they are expected to act with the same level of care as other medical professionals in similar situations.
Next, you must prove that the doctor’s duty was broken. This means the doctor did something that a careful and skilled provider would not have done. If the healthcare provider’s actions fall below what is expected in the medical community, and they didn’t exercise reasonable care this is a breach of duty.
After that, you must connect the mistake to the injury. This part is called causation. You need to prove that the doctor’s negligence was the direct cause of the harm. It must be clear that the plaintiff’s injury would not have happened if the doctor had followed accepted medical practices.
The last step is proving actual damages. This means the patient suffered real harm because of the mistake. You can show this through things like medical bills, lost income, pain, or changes to your daily life. Without showing these losses, a malpractice claim cannot succeed even if the doctor made a serious error.
Proving each of the four elements in a medical malpractice claim can be harder than it seems. You need strong medical records, expert opinions, and clear proof that medical negligence occurred. Doctors and hospitals often have experienced legal teams and insurers ready to fight your claim.
They may argue that your injury came from your pre-existing conditions or say the healthcare provider did not cause your harm. The legal rules in medical malpractice cases are complex, and the burden of proof is high.
That’s why you need a skilled medical malpractice attorney who understands how to build a strong case and explain what happened clearly in court.
In Illinois, you only have a limited time to file a medical malpractice lawsuit. This legal deadline is called the statute of limitations. For most medical malpractice claims, you must file within two years from the date you knew or should have known that medical negligence caused your injury.
But if you didn’t find out right away, the law allows extra time in some cases. However, no matter what, you cannot file more than four years after the date the mistake happened. For children and minors, the deadline may be extended.
Missing the deadline usually means losing your right to compensation forever. That’s why it’s important to speak to a medical negligence lawyer as soon as possible.
A skilled medical malpractice attorney knows how to build a strong case. Here’s how they help prove negligence in medical malpractice litigation:
Medical negligence happens when a health care provider fails to give the proper medical care that another professional in the medical profession would provide in the same situation. If the defendant owed a professional duty to the patient and failed to act with reasonable care, this may be grounds for a medical malpractice claim, especially if the mistake caused actual harm.
To win a malpractice case, you must show direct causation between the mistake and the injury. This means proving that the harm wouldn’t have happened without the doctor’s action (or inaction). You also need expert testimony to confirm the connection and show that the mistake was not just one of many other factors involved.
You may be able to recover both economic and non-economic damages. This includes medical care costs, lost income, court costs, and legal fees. In some cases, if the mistake involved egregious conduct, you may also seek punitive damages to punish the healthcare provider. A plaintiff’s lawyer will also look at the pain and suffering, and long-term effects of your injury when calculating your compensation.
It doesn’t matter where the injury happened. If the mistake occurred in a doctor’s office, hospital, or surgery center, the same legal rules apply. If the doctor used a faulty surgical tool or failed to diagnose something serious, you still have the right to seek justice if there was actual harm, and the final element (damages) can be proven.
Conboy Law Injury & Medical Malpractice Lawyers offers a no-obligation case evaluation. That means you can talk to us for free and decide later if you want to move forward. If we take your case, you won’t pay unless we win. Our goal is to help personal injury victims understand their options, and we’ll guide you with a thorough understanding of the law and the key elements needed to prove your case.
If you believe a medical mistake caused you or a loved one serious harm, it’s important to speak with someone you can trust. Proving medical negligence is not easy. It takes experience, strong evidence, and a clear plan. Conboy Law Injury & Medical Malpractice Lawyers understands the pain and stress that follow medical errors. We’re here to support you every step of the way.
Our team works to uncover the truth behind what happened. We carefully review your medical records, consult medical experts, and build a strong case based on the facts. We work on a contingency fee basis, so you pay nothing unless we win. You don’t have to go through this alone. If you’re ready to discuss your medical malpractice claim, reach out to our office today.
Contact us now to schedule your free consultation. We’re ready to fight for the justice and compensation you deserve.
Conboy Law - Chicago, IL
Address: 60 W Randolph St. 4th Floor Chicago, IL 60601
If you or a loved one has been injured, don’t hesitate to contact our injury attorneys today!
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