Call for a FREE CONSULTATION
You Don't Pay Until We Win
Call For A Free Consultation (312)726-9000
(312)726-9000
At Conboy Law Injury and Medical Malpractice Lawyers, our Chicago medical malpractice attorneys know how tough these cases can be. Many clients ask us, “Are malpractice suits hard to win?” The simple answer is yes. These cases have unique challenges that require expert legal help.
In this guide, we’ll explain why medical malpractice claims are complex. We’ll also cover what you need to know if you’re thinking about legal action after being harmed by a medical professional’s negligence.
Cases of medical malpractice represent some of the most complex challenges within our legal framework. Unlike simple injury claims, these cases involve:
The success of your medical malpractice suit depends on several key elements:
Most people don’t know that to win a medical malpractice case takes knowledge of both law and medicine. This is why having a qualified medical malpractice lawyer matters when seeking payment for injuries.
Medical malpractice occurs when doctors fail to provide the level of care that other reasonable doctors would give. The vast majority of these incidents never lead to lawsuits. Many patients don’t realize when their bad outcomes come from negligence rather than normal risks.
Medical malpractice happens when a doctor causes harm through a negligent act. This is called medical negligence—when a health care provider’s actions don’t meet normal standards.
Not every bad outcome counts as medical malpractice. Sometimes, treatments fail even with proper care. The key is whether the doctor followed standard practices. Should they fail to do so, and you sustain significant injury, you may possess a valid medical malpractice claim.
This distinction matters before pursuing a lawsuit. Your case depends on proving negligence—not just a bad outcome—that occurred during your treatment. A good medical malpractice attorney can help decide if you have a viable case.
The standard of care means what a skilled doctor would do in a similar case. This standard forms the base of all malpractice claims and changes by specialty.
When filing a medical malpractice suit, you must show your doctor failed to meet this standard. This often means comparing your care to what other doctors would have done.
Demonstrating a violation of the standard of care typically requires expert testimony from medical professionals. These experts explain how your doctor’s actions strayed from normal practices and led to your injuries. Their insights help connect poor care to your suffering.
Medical malpractice claims face big hurdles in court. Studies show doctors win about 80-90% of jury trials when the evidence isn’t clear-cut. This fact alone shows why these cases can be hard to win.
Insurance companies fight hard against medical malpractice claims. They often have:
The technical nature of medical evidence creates another challenge. Jurors may struggle to grasp complex medical details. This makes it harder for them to see how negligence occurred. Your attorney must explain these complex ideas in simple terms.
Many states also have laws limiting damages in medical malpractice cases. These limits make it harder to get fair payment even when the defendant failed to provide proper care. These caps can greatly reduce your compensation, even with strong evidence of wrongdoing.
In order to succeed in your medical malpractice case, it is essential to establish four critical elements: duty, breach, causation, and damages. Each element has its own challenges.
Proving that a healthcare professional’s negligence directly caused your injuries can be very difficult. Many patients already had health problems. This gives defendants a chance to claim their injuries came from their existing condition.
The responsibility to provide evidence rests solely with you as the patient. You must show clear evidence that the medical error—not something else—caused your harm. This high standard explains why medical malpractice cases are hard to win without strong legal help.
To prove medical malpractice, your attorney must show that the doctor’s treatment fell below normal standards. This means showing what the proper standard was and exactly how the doctor failed. Without this clear comparison, jurors may side with the doctor.
Your medical records form the core of any viable claim. These documents tell the story of your care and show where things went wrong. Getting complete records is often your first challenge.
Strong evidence connects the negligent act to your injuries. Without this clear link, even the most serious injury cases may fail. Working with medical experts, your attorney will:
Medical malpractice case requires proof of both what happened and what should have happened. This is why expert testimony is so valuable. The strongest cases include clear proof of deviation from standard practices.
Medical experts are vital to winning medical malpractice lawsuits. These professionals help explain to judges and juries how your healthcare provider’s actions fell short.
Selecting the appropriate expert witness can significantly impact the outcome of your case. The ideal expert has:
Your medical malpractice attorney will typically work with several experts. Some might review records, while others explain your injuries or future medical needs.
Without strong expert testimony, even cases involving surgical errors or anesthesia errors often fail. Courts give great weight to these opinions, especially when experts can point to specific evidence backing their views.
The best medical experts can explain how medical malpractice occurs in terms anyone can understand. They translate technical medical terms into real-world effects, making the cause-and-effect clear for non-medical people.
The path of a medical malpractice lawsuit has several distinct phases. Knowing this journey helps you prepare for what’s ahead.
Most malpractice claims begin with a review of your medical records. Your lawyer will review these documents and confer with medical professionals to assess whether you have a valid claim.
Once filed, your case enters the discovery phase, where both sides share information. This process includes:
Many court cases are settled before trial. Should settlement negotiations be unsuccessful, your case will advance to court, where a judge or jury will make a determination whether the healthcare provider’s negligence resulted in your injuries and the compensation you are entitled to.
A seasoned medical malpractice attorney comprehends the intricacies of case development at each stage. They gather strong evidence, line up compelling experts, and prepare for trial while still seeking fair settlements.
The financial aspects of pursuing a medical malpractice lawsuit create another barrier for many patients. These cases need major investment before any return.
Medical malpractice lawyers generally operate on a contingency fee model, meaning they receive payment only if you achieve a victory. While this helps patients get legal help, it also means law firms carefully screen cases before taking them.
Between expert witness fees, court costs, and document work, expenses in a typical malpractice suit can reach tens of thousands of dollars. These costs explain why attorneys must be selective about which cases they pursue.
Expert witnesses charge high rates for their specialized knowledge. A single expert might bill $500-1,000 per hour for reviewing records, writing reports, and testifying. Most cases need multiple experts, quickly raising costs.
Even strong medical malpractice cases come with financial risks. If you lose after years of litigation, you receive nothing while your attorney absorbs substantial costs. Malpractice insurance companies understand these pressures and often use them to push for smaller settlements.
Despite the challenges, certain factors can improve your chances of winning a medical malpractice lawsuit:
Some medical errors provide obvious evidence of negligence. These might include:
When negligence is clear and well-documented, the defendant’s care is more likely to be found inadequate, even by skeptical jurors. Strong evidence of a clear mistake can overcome many typical challenges.
Cases involving permanent disability, disfigurement, or death typically have higher success rates. The severity of harm caused affects:
While this doesn’t make your case easy to win, it does mean your attorney may fight harder for a favorable outcome when damages are substantial. The financial stakes motivate both sides to take the case seriously.
Having respected medical experts who can provide valuable insights about your case greatly improves your chances. The most effective experts:
When experts can point to specific medical literature supporting their views, they strengthen your case significantly. Other doctors who practice in the same field can offer particularly convincing testimony about proper procedures.
The challenges of medical malpractice litigation make working with an experienced attorney essential. A lawyer who specializes in this area brings several advantages:
Medical malpractice attorneys understand both the medical and legal aspects of your case. They can:
This dual expertise allows them to build stronger cases that address both the medical facts and legal requirements for proving negligence.
Established medical malpractice lawyers maintain networks of qualified medical experts. These connections help with:
Without these expert connections, proving medical malpractice becomes nearly impossible in most cases. Experienced firms have already vetted these experts and know which ones communicate well with juries.
Medical malpractice litigation requires significant financial resources. Established firms can:
These resources allow your case to proceed based on merit rather than financial limits. Insurance companies know which firms have these resources and often take those cases more seriously.
At Conboy Law Firm, we understand the challenges of medical malpractice litigation. Our experienced medical malpractice attorneys have successfully handled many complex cases against healthcare professionals and large hospital systems throughout Chicago.
We build a strong attorney-client relationship from the start. Our team guides you through each step, from gathering medical records to preparing for trial. We explain complex legal and medical concepts in plain language so you always understand your case.
When you work with us, you benefit from:
Our success in medical malpractice claims comes from our thorough approach to these challenging cases. We invest the time and resources needed to build strong evidence of negligence. This commitment has helped many clients recover compensation when other firms might have declined their cases.
If you believe you’ve suffered harm due to a healthcare provider’s negligence, call us today. Our Chicago medical malpractice lawyers offer a free consultation to evaluate your potential claim and explain your options.
Don’t let concerns about winning your case stop you from seeking justice. With Conboy Law Firm on your side, you have advocates who know how to build a legitimate medical malpractice claim and fight for the compensation you deserve.
Joseph M. Conboy, founder of Conboy Law, represents victims of catastrophic injuries and wrongful death, securing numerous multi-million-dollar results. Recognized as a Super Lawyers Rising Star (2019–2022), he is a member of the American Association for Justice and Illinois Trial Lawyers Association. Mr. Conboy earned his J.D. from DePaul University and a B.A. in Economics from the University of Colorado.
If you or a loved one has been injured, don’t hesitate to contact our injury attorneys today!
"*" indicates required fields
