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Medical malpractice happens when a medical provider fails to give proper care, causing harm to a patient. Negligence in healthcare can lead to serious injuries, long-term complications, and even death. Understanding how to prove medical malpractice is key to holding the responsible party accountable.
Conboy Law Injury & Medical Malpractice Lawyers helps victims seek justice. If a healthcare provider made a mistake that caused harm, you may have a malpractice claim. Proving these claims requires strong evidence, such as medical records, expert testimony, and proof that the doctor-patient relationship existed.
We explain what medical malpractice claims are, the legal steps to prove negligence, and the evidence needed to support a case. We also discuss the role of a medical malpractice attorney in helping victims recover fair compensation for medical bills, lost wages, and other damages.
Medical negligence happens when a medical provider does not follow the standard of care, leading to a patient’s harm. The standard of care refers to the level of treatment that a skilled doctor would provide in a similar situation. If a healthcare provider makes an avoidable mistake that causes harm, it may be considered negligence.
Negligence can happen in many ways, such as misdiagnosis, surgical errors, medication mistakes, or failure to order appropriate diagnostic tests. To prove medical malpractice, the injured party must show that the provider’s actions did not meet accepted medical practices.
Conboy Law Injury & Medical Malpractice Lawyers helps victims prove medical negligence claims and fight for fair compensation. Our legal team investigates the case, gathers medical records, and consults with medical professionals to build a strong case for our clients.
| Medical Malpractice | Bad Outcome |
|---|---|
| The medical provider failed to meet the standard of care | The doctor followed the standard of care, but the treatment did not work |
| The malpractice claim must prove negligence | Some risks exist even with proper care |
| A mistake caused patient injury | No negligence occurred, but the patient’s condition worsened |
| Examples: Wrong-site surgery, medication errors, misdiagnosis | Examples: Complications from surgery despite proper care |
To prove medical malpractice, the following four key elements must be shown:
A doctor-patient relationship must exist. This means the medical provider agreed to treat the patient and was responsible for their care.
If a doctor treats a patient in a hospital, clinic, or private office, the duty of care is clear. However, if the patient only received casual advice from a doctor outside a medical setting, no legal duty may exist.
In a medical malpractice case, the lawyer must prove that a professional relationship was established. Medical records, appointment history, and hospital records often serve as evidence.
A breach of duty happens when the medical provider does not follow the accepted medical practices expected in their field. This means they acted carelessly or made errors that a competent provider would have avoided.
Common examples include surgical mistakes, prescribing the wrong medication, failure to diagnose an illness, or ignoring symptoms. These actions can lead to severe harm.
Expert testimony is often needed to prove a medical malpractice claim. Another healthcare provider will review the case and confirm whether the accused doctor failed to meet accepted medical standards.
A malpractice claim must show that the doctor’s mistake directly caused harm. It is not enough to prove that an error happened; the patient must show that this mistake led to their injury, illness, or worsening condition.
For example, if a doctor fails to diagnose cancer and the patient’s condition worsens, that failure may be considered medical negligence. The lawyer must prove that the doctor’s mistake caused the harm rather than the disease itself.
Causation is often the most difficult part of a medical malpractice case. Medical experts help explain how the mistake directly harmed the patient.
The patient must prove that they suffered damages due to the medical provider’s negligence. These damages may include:
If there are no damages, there is no valid medical malpractice case. The lawyer must show clear evidence of harm through medical records, expert testimony, and financial losses.
Proving medical malpractice is not easy. These cases require strong medical records, expert opinions, and legal strategies. Our goal is to ensure that injured patients receive fair compensation for their suffering. Here are the key ways we assist in medical malpractice cases:
A strong medical malpractice case starts with a thorough investigation. Our legal team gathers:
We examine whether the healthcare provider followed the standard of care. If they fail to do so, we work to prove that their mistake caused the injury.
Gathering strong evidence is critical. We use this information to prove medical malpractice and fight for the injured party’s rights.
Insurance companies and hospitals often try to deny malpractice claims or offer low settlements. Our legal team handles all negotiations to ensure fair compensation for:
We know how insurance providers operate. They may argue that the patient’s injury was not caused by medical negligence. We push back with medical records, expert opinions, and legal arguments to secure the best possible outcome.
If the insurance company refuses to settle fairly, we are ready to take the case to court.
If negotiations fail, filing a medical malpractice lawsuit may be the next step. This process involves:
A medical malpractice attorney guides clients through each step. We ensure that all legal deadlines are met and fight aggressively for our clients.
Most medical malpractice claims are settled before trial. However, if needed, we will take the case to court to seek maximum compensation for our clients.
If you believe you or a loved one has suffered from medical malpractice, follow these steps:
Your health comes first. If a doctor’s mistake caused harm, get medical treatment from another provider. This ensures your condition does not worsen.
Medical records are crucial evidence in malpractice claims. Request copies of all doctor’s notes, test results, prescriptions, and hospital visits.
Write down what happened, who was involved, and how the mistake affected you. Keep records of medical bills, lost wages, and any additional costs.
Do not accept a quick settlement offer. Insurance companies may try to minimize your claim. Let your lawyer handle all communication.
A medical malpractice attorney can review your case and explain your legal rights. They will investigate, gather evidence, and guide you through the legal process.
A medical malpractice suit happens when a medical practitioner makes a serious mistake that harms a patient. This could be a misdiagnosis, surgical error, medication mistake, or failure to provide proper treatment. To file a claim, you must prove that the doctor or hospital acted negligently and caused harm.
Not all medical errors are malpractice. However, when a doctor or hospital fails to follow the standard of care, it may be considered negligence. Examples include prescribing the wrong medication, misdiagnosing a condition, or performing surgery on the wrong body part.
Yes, a medical practitioner can be held responsible if they act carelessly and cause harm. This includes doctors, surgeons, nurses, anesthesiologists, and other healthcare professionals. Hospitals and clinics may also be liable for staff errors or lack of proper training.
The medical community considers malpractice to be any act where a doctor, nurse, or hospital fails to provide the expected level of care, leading to harm. The standard of care is based on what a competent medical professional would do in a similar situation.
If you believe you have a medical malpractice case, you must seek medical attention to prevent further harm, gather medical records as evidence, document everything about the error, and consult a medical malpractice lawyer to review your case. A lawyer will help you understand your rights and determine if you have grounds for a medical malpractice suit.
If you or a loved one suffered due to a medical practitioner’s mistake, you may have a medical malpractice suit. These cases can be complex, requiring strong legal representation. Our experienced legal team is here to help you seek justice.
Conboy Law Injury & Medical Malpractice Lawyers understands how serious medical errors can be. Whether it’s a surgical mistake, misdiagnosis, or medication error, we will fight to protect your rights. We work closely with experts in the medical community to build a strong case and pursue the compensation you deserve.
Don’t wait to take action. Contact our firm today for a free consultation. We will review your case, explain your legal options, and guide you through the process.
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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