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Medical malpractice is more common than many people realize. It can happen when a healthcare provider fails to provide proper care, and the patient is harmed because of it. These cases are serious, and understanding your rights is important if you or a loved one has been affected.
Conboy Law Injury & Medical Malpractice Lawyers helps clients who suffer due to medical negligence. Our firm handles every part of a medical malpractice claim, from reviewing medical records to filing suit and pursuing fair compensation.
We understand how stressful these situations can be, especially when you’re dealing with high medical bills, lost wages, or long-term pain. If you’re wondering what counts as malpractice, or whether your situation qualifies, we’re here to guide you.
Medical malpractice happens when a licensed healthcare professional makes a serious mistake that another competent doctor under similar circumstances wouldn’t have made. These mistakes may cause harm, long-term injuries, or even death. To file a malpractice claim, the injured person must show that the healthcare provider’s actions went beyond a simple error.
A bad outcome alone is not enough. The law requires proof that negligent medical care directly caused the injury. That means showing the healthcare provider failed to meet accepted standards of care. This could be failing to diagnose a condition, giving the wrong medication, or not providing proper follow up care after surgery. When medical malpractice occurs, the damage often affects the whole family—physically, emotionally, and financially.
To win a medical malpractice case, it’s not enough to show that something went wrong. The law requires you to prove that negligence occurred, which means showing that the provider failed to do what a reasonable and qualified healthcare professional would have done in the same situation. This makes proving negligence the most important part of any malpractice claim.
The standard of care is the level of treatment and attention that a trained and competent doctor or licensed healthcare professional is expected to provide in the same medical situation. This standard can vary based on factors like location, specialty, and the patient’s condition, but it serves as the baseline for judging whether negligent medical care occurred.
When a provider fails to act in a way that others in the medical community would consider proper under similar circumstances, and that failure leads to harm, it may meet the legal definition of medical malpractice and justify taking legal action.
Some mistakes happen even with the best care. Not every poor outcome is due to medical negligence.
If a doctor makes a mistake but follows accepted medical standards, it’s likely not malpractice. For example, if a treatment doesn’t work even though it was the best choice at the time, it may not qualify as a malpractice claim. However, if a healthcare provider fails to diagnose something any competent doctor would have caught, it may be more than just an error.
It becomes a medical malpractice case when your injury was avoidable and directly caused by negligent care. That’s when it turns from a mistake into something that could lead to a legal claim. You must prove that the injury caused would not have happened with proper care. This is where expert witness testimony becomes important.
You don’t have forever to take action. The law gives you a time window to file your medical malpractice suit.
Illinois gives most people two years from the date they knew (or should have known) that malpractice occurred. This deadline is called the statute of limitations. If you miss it, you likely lose the right to seek monetary damages, no matter how strong your case is.
Sometimes, the patient doesn’t know right away that harm was caused. The discovery rule says the clock starts when the injured person discovers (or reasonably should have discovered) the injury. Still, there is a final cutoff date no matter what. That’s why it’s best to contact a lawyer quickly.
You usually need a qualified expert to explain what went wrong and why it matters legally.
A medical malpractice lawsuit typically needs expert witness input. The expert is usually a doctor or other healthcare provider with similar training. Their job is to explain what the healthcare provider should have done and how the mistake caused the injury. Courts rely heavily on these professionals. Without their opinion, a malpractice claim may not even be allowed to proceed.
If your medical malpractice claim is successful, the law allows you to recover different types of compensation. These damages are meant to help you get back what was lost and support your future care. Knowing what you may be entitled to is important before starting the legal process.
Economic damages refer to the clear, financial losses that result from the malpractice, including current and future medical bills, costs for medication, surgeries, and physical therapy, as well as expenses tied to hiring a new doctor for follow-up care. You may also claim lost wages if you missed work or can no longer do your job due to the injury.
In some cases, these damages also include expected future medical expenses if long-term medical care is needed. These losses are calculated based on receipts, income history, and expert projections to reflect the full extent of your financial harm.
Non-economic damages cover the personal, emotional, and psychological impact of malpractice, things that don’t come with a bill but still have a lasting effect on your life. This includes pain and suffering, anxiety, trauma, and loss of enjoyment in everyday activities. If your injury caused permanent disability or disfigurement, these damages help account for those life-altering changes.
While these losses are harder to measure, courts consider expert opinions, medical reports, and your own experience to assign value. In some malpractice cases, a jury may also award punitive damages if the provider’s actions were especially harmful or reckless.
Medical malpractice cases don’t move quickly. From reviewing records to dealing with insurance companies and gathering expert input, these claims require patience, precision, and strong legal support from start to finish.
Investigating malpractice claims takes time because the facts must be carefully gathered and evaluated by both legal and medical professionals. Lawyers must review medical records, consult with qualified expert witnesses, and identify what went wrong and how it connects to the injury. Unlike standard personal injury cases, the legal system requires more proof, including detailed medical reports and sworn statements.
The legal process may also involve delays caused by court scheduling, settlement talks, or extensive back-and-forth with the defense. Because proving negligence in medicine is difficult, every part of the investigation must be done thoroughly to support a successful outcome.
Most malpractice claims are resolved before a trial ever starts.
A medical malpractice lawyer may negotiate directly with the insurance company to reach a fair settlement. Settling avoids the cost and stress of trial. However, if the malpractice case goes to court, the final result depends on the judge or jury verdict. A strong case often encourages a quicker, more favorable settlement for the injured patient or their family members.
Handling a medical malpractice lawsuit alone is not easy. A lawyer can make a major difference.
An experienced medical malpractice lawyer helps with every part of the claim, from gathering facts to dealing with the insurance company, and working with expert witnesses. They explain the legal system in simple terms and guide you toward the best path. Most importantly, they fight to recover full monetary damages and protect the rights of the injured person.
Yes. According to studies cited by the American Medical Association, medical errors are the third leading cause of death in the country. While not every mistake leads to a legal action, malpractice is a common occurrence, and many victims never realize their rights. If you suspect harm, it’s worth exploring your options to protect your health and well-being.
In personal injury cases involving medical care, not every poor result is malpractice. To qualify, you must prove a legal duty existed between doctor and patient (the first element), that this duty was breached (the second), and that the breach caused actual harm (the third element). A successful outcome in court depends on proving all three with solid evidence and expert support.
Yes. A second opinion can help confirm the full extent of your injuries or whether your current care meets medical standards. If a new doctor finds that harm came from improper treatment, you may have stronger grounds for a legal action. It also supports your claim by showing you’re putting your well-being first while gathering critical evidence.
Possibly. While damage awards usually cover medical costs, lost income, and emotional harm, punitive damages are different. They’re meant to punish extreme misconduct. If a doctor acted with reckless disregard for your safety, a jury might award additional money beyond your basic losses. However, these are rare and depend on the facts of your case.
A good attorney will evaluate your records, consult medical experts, and look at the full extent of the harm caused. If there’s clear evidence that a legal duty was violated and you suffered real injury, it may be worth taking legal action. Cases tied to misdiagnosed heart disease or ignored symptoms often meet the standard for a valid claim.
If you or a loved one was harmed by negligent medical care, don’t wait to get help. At Conboy Law Injury & Medical Malpractice Lawyers, we take medical malpractice cases seriously and fight hard for the injured. Our team handles everything from reviewing medical records to gathering expert witness support.
We understand the emotional and financial stress these cases bring. We help patients and family members hold healthcare professionals accountable. Whether the mistake was a delayed diagnosis, surgical error, or failure to give proper care, we’ll fight for your rights.
You deserve answers—and possibly compensation. Call us today for a free case review with an experienced medical malpractice attorney who puts your recovery first.
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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