What Are the Grounds for Medical Malpractice?

You expect competent treatment when you seek medical care. Unfortunately, medical malpractice can occur, leading to harm instead of healing. This happens when a medical professional’s negligence causes injury or suffering. Familiarity with the grounds for medical malpractice claims is vital to protecting your rights.

Conboy Law helps victims of medical malpractice hold negligent medical professionals accountable. We understand that proving medical malpractice requires strong evidence and a clear legal strategy.

Below, we will explain what counts as common examples, medical malpractice, and what you need to prove for a successful claim.

What is Medical Malpractice?

Medical malpractice happens when a healthcare provider’s mistake harms a patient. It can occur in hospitals, clinics, or any care setting. Proving medical malpractice in Illinois means showing that the provider’s care fell below what a skilled professional would do. This failure must directly lead to patient harm, forming the basis for a medical malpractice lawsuit.

To have a strong claim, you need to prove that a medical provider did not follow accepted standards of care. The law requires showing how a qualified doctor would have acted differently. Patients who are hurt due to poor care can seek compensation under medical malpractice law.

Conboy Law knows how to handle these claims. We work hard to prove medical malpractice occurred and fight for fair outcomes for our clients.

Examples of Medical Negligence in Healthcare Settings

Medical negligence in healthcare settings comes in many shapes and forms. A few common examples include:

Misdiagnosis or delayed diagnosis

When a doctor fails to identify an illness or delays a diagnosis, the patient’s condition can worsen. This can lead to unnecessary suffering and potentially life-threatening outcomes.

Medication errors

Giving the wrong drug, incorrect dose, or faulty prescription instructions can have serious consequences. These mistakes can result in harmful reactions or ineffective treatment.

Anesthesia mistakes

Errors with anesthesia, such as incorrect dosages or poor monitoring, can put a patient’s life at risk. Proper dosing and monitoring are essential to avoid complications during procedures.

Infections from poor hygiene

Dirty tools or unclean facilities can lead to dangerous infections in patients. Maintaining a sterile environment is essential for patient safety.

Birth injuries

Mistakes during delivery can harm both the mother and baby, sometimes causing lifelong issues. Proper care during birth is essential to avoid preventable injuries.

Failure to treat

Ignoring a patient’s symptoms or not providing necessary care can worsen their condition. Timely treatment is key to preventing complications and ensuring recovery.

If any of these apply to you, reach out to us for a free case review. We will investigate the outcome and see if medical negligence played a role.

Common Grounds for Medical Malpractice Claims

Medical malpractice claims often arise when healthcare professionals make mistakes that harm patients. These errors can happen at any stage of treatment, from diagnosis to surgery and recovery. A few common grounds for filing claims include:

Misdiagnosis or Delayed Diagnosis Leading to Harm

Misdiagnosis or delayed diagnosis can cause serious harm to patients. When a doctor fails to diagnose a condition correctly, the patient may receive the wrong or no treatment. For example, if cancer is not detected early, it may spread and become life-threatening.

Not all cancers can be detected early. However, if a doctor had an opportunity to catch the illness and missed it, you could have a claim for medical negligence.

To prove medical malpractice, you must show that another skilled doctor would have made the correct diagnosis. Expert opinions and medical records are often used as evidence. If you suffered due to a wrong or delayed diagnosis, a medical malpractice lawsuit may be your best option to seek justice.

Surgical Errors and Mistakes During Procedures

Surgical errors can lead to serious harm or even death. These mistakes might include performing the wrong procedure, leaving surgical tools inside the patient, or operating on the wrong body part. Even minor errors during surgery can cause serious complications or long-term health problems.

You must show that the surgeon did not follow proper procedures to prove medical malpractice in a surgical error case. This could involve comparing their actions to what a skilled professional would have done. Medical records, expert opinions, and witness statements are key evidence in these cases.

Medication Errors, Including Prescription and Dosage Mistakes

Medication errors happen when a doctor or pharmacist gives the wrong drug or dosage or unclear instructions. These mistakes can cause serious harm, bad reactions, or even death. While medicines are designed to heal, they can cause serious harm when used improperly.

To prove this medical malpractice, you must show the provider acted carelessly. Medical records and expert opinions can help show where the error occurred. If you suffered from a medication mistake, you have the right to seek compensation.

Proving Negligence in a Medical Malpractice Case

You must show that the healthcare provider was negligent to win a medical malpractice lawsuit. This means proving their care fell below what a skilled medical professional would give. Proving medical malpractice requires strong evidence and careful legal strategy. There are several steps involved.

The key points you must show to build a strong case include:

Requirement of a Doctor-Patient Relationship

To start a medical malpractice claim, you must show there was a doctor-patient relationship. This means the doctor agreed to treat you. This relationship makes the provider responsible for giving proper care. Without it, you cannot prove medical malpractice.

The relationship is usually shown through medical records, bills, or signed agreements. If the provider acted outside this agreement, it could also be part of your case. Conboy Law helps clients gather proof to show the doctor was responsible for their care.

Breach of Standard of Care by the Healthcare Provider

A key part of a medical malpractice lawsuit is proving a breach of the standard of care. This shows that the healthcare provider needed to act as a skilled professional. For example, a doctor might ignore symptoms that another doctor would have treated. This failure can lead to serious harm.

Medical malpractice law requires comparing the provider’s actions to what is expected in similar cases. This is often done with expert testimony. These experts explain what a competent doctor would have done. Medical records and patient histories can also show what went wrong.

Proving this breach can be challenging, but with the help of our personal injury lawyers, we can show when medical providers fail their patients. We help gather evidence of this breach and fight for fair outcomes.

Evidence of Financial Damage

You need to show financial damage to have a strong medical malpractice claim. This means proving how the negligence caused costs or losses. Examples include high medical bills, lost wages, and ongoing treatment costs. These financial burdens must be tied directly to the provider’s error.

Gathering evidence is key. You can use medical bills, receipts, or proof of lost work. Expert opinions might also be needed to show long-term costs, like future medical care. Proving these losses may help the case succeed, so detailed records are crucial.

Conboy Law helps clients collect and present evidence of financial damage. We make sure all losses are counted. Our goal is to get clients the compensation they need for their recovery.

Proof That Negligence Directly Caused Patient Harm

For a successful medical malpractice case, you must prove that the provider’s negligence caused harm. More is needed to show the provider made a mistake. You need to show how that mistake hurt you. This could include worsening a condition, causing new health problems, or leading to extra treatments.

Medical records are key in proving this connection. Expert testimony can also help explain how the negligence caused your harm. For example, an expert can show this link if a delayed diagnosis leads to more severe illness. Without clear proof, the case may be dismissed.

Types of Evidence Used in Medical Malpractice Cases

• Medical records: These are detailed notes about your treatment, tests, and doctor visits. They help show what care you received and if mistakes were made.
• Expert testimony: Experts can explain how a skilled doctor should have acted. They compare this to what the provider did in your case.
• Bills and financial documents: These show the costs tied to your injury, like medical bills and lost income. They help show the damage you suffered.
• Witness statements: Family members or others who saw what happened can provide valuable insights.
• Photos and videos: Visual evidence of injuries or conditions can support your claim. We can ask for any video footage of your treatment process that might exist.
• Hospital policies: If the hospital breaks its own rules, it may show negligence. We can compare the actions of the treatment team to hospital policies.

Medical malpractice lawsuits rely on strong evidence. When medical malpractice occurs, an experienced medical malpractice attorney can help collect and present this evidence.

Contact Conboy Law for Help Maximizing Your Medical Malpractice Claim

If you have been harmed due to a medical practitioner’s negligence, you need strong legal help. Conboy Law has experienced medical malpractice lawyers who understand the complexities of these cases. Medical malpractice litigation can be challenging and requires a skilled team. We are here to guide you every step of the way.

Our medical malpractice attorneys work hard to build strong cases. We gather key evidence, such as medical records, expert testimony, and financial documents, to prove negligence. Our goal is to hold negligent providers accountable and seek the maximum compensation you deserve.

Working with a knowledgeable and experienced medical malpractice lawyer can make all the difference. Conboy Law will fight for your rights and ensure your voice is heard. If you need help with your claim, contact us today for a consultation.