Anytime you suffer an injury or get sick, you know that you can visit your doctor and rely on them to do everything possible to help you feel better. However, you may not know what to do if the healthcare provider that you trusted to make you better actually does something that makes you sicker. Suffering harm due to a medical professional can result in life-altering consequences.

Our skilled attorneys know how to prove liability in Chicago medical malpractice claims. We are not about cases. We are about your case, and we will work hard to get you and your family the results you need.

How To Establish Liability in a Medical Malpractice Case?

To succeed in your Chicago malpractice suit against a healthcare professional, you need to establish liability by proving several elements.

Duty of Care

You need to show that the healthcare worker had a duty of care towards you. You must prove that you had a provider–patient relationship, as you cannot pursue a claim against a doctor who never treated you.

Breach of the Duty of Care

Sadly, people suffer injuries caused by their medical providers every day, but not all those injuries give rise to actionable medical malpractice suits. Sometimes those injuries occur through no fault of the medical provider, such as when a patient develops an unexpected allergic reaction to a new medication that their doctor just prescribed. While heartbreaking, this would not usually give a patient the right to pursue damages in a medical malpractice case because the doctor did not make a mistake. Even if a mistake occurred, it would not necessarily be malpractice.

Medical malpractice only occurs when a medical worker makes a mistake that falls below the established standard of care. To determine if a healthcare provider violated the standard of care, a court would see if another comparable provider would have acted differently under similar circumstances to protect you from suffering harm as a patient.

Proof of Harm

You also need to demonstrate that the healthcare provider’s error caused harm, as it is not enough to just say that your doctor’s mistake was inconvenient. You need to show evidence of the damaging consequences of the medical error. To do this, you must demonstrate the physical, economic, and psychological toll the error took on you and your family, such as medical costs, inability to work, and mental anguish.

Our determined attorneys at Kaveny + Kroll have successfully assisted many families. We know how to prove liability and demonstrate your damages.

Types of Medical Mistakes That Lead to Liability in Malpractice Claims

Many different types of medical mistakes can give rise to liability in Chicago malpractice lawsuits. Some of the most common medical errors that lead to malpractice claims are as follows:

Our seasoned legal team has handled a wide variety of malpractice claims. We will work with medical professionals to help you prove that a medical error occurred.

Call a Chicago Lawyer About Establishing Liability for Medical Malpractice

Establishing liability in Chicago medical malpractice claims is critical to the success of a lawsuit. Our dedicated attorneys at Kaveny + Kroll have extensive experience with gathering, reviewing, and preserving evidence. We know how to develop solid claims for liability.

Call today to schedule a free consultation with our lawyers to discuss the details of your case.

$32M
$32M

Recovery for an 8-year-old girl whose four-limbs were amputated after a delay in the diagnosis and treatment of an infection, leading to severe septic shock.

$16M
$16M

Recovery for wrongful death of a husband and father of three due to undiagnosed aortic dissection in emergency department 2 days earlier.

$12M
$12M

Recovery for a 37-year-old man who suffered the partial amputation of both of his legs and one of his arms after a hospital failed to give him antibiotics for a serious infection (Featured in the Chicago Daily Law Bulletin).

$10M
$10M

Recovery for a brain-injured newborn after doctors failed to timely deliver the baby by cesarean section.

$9M
$9M

Verdict for the wrongful death of a 40-year-old wife and mother of six children and her unborn seventh child after she suffered respiratory arrest due to pneumonia while in the hospital.

$7.5M
$7.5M

Recovery for an infant who suffered brain damage and developed cerebral palsy due to a delayed cesarean section after indications that the baby was not tolerating the labor well.

$15.504M
$15.504M

Recovery for the wrongful death of a 64-year-old man and the debilitating injuries of a 62-year-old woman—both from southern Illinois—arising from a multi-vehicle pile-up on a highway in Albuquerque, New Mexico.

$7M
$7M

Verdict for the wrongful death of a 25-year-old helmet-wearing cyclist who was struck and killed by a truck.

$6.5M
$6.5M

Recovery for a 55-year-old Chinese immigrant whose leg was crushed by a Chicago Transit Authority bus making too-tight-a-turn at a downtown intersection. The 55-year-old woman was within the crosswalk at the time of the Chicago accident.

$15M
$15M

Recovery for a 34-year old property adjuster in Dallas, Texas, left severely burned after being electrocuted by a dangerously-low-hanging electrical wire on a roof, about which the company had received complaints but failed to correct.

$3M
$3M

Recovery for three college students killed in an apartment fire when one fell asleep smoking. Apartment did not have working smoke detectors at the time.

$2.6M
$2.6M

Recovery for the wrongful death of a 24-year-old truck driver who was killed in an Adams County heptane gas explosion, leaving behind a wife and a 3-year-old daughter.

$5.25M
$5.25M

Recovery for a 29-year-old who suffered skull fractures, a traumatic brain injury, an 18-day coma, and partial quadriplegia after his pickup was broadsided by another vehicle, which was attempting to flee from a reckless and unnecessary police chase involving a minor traffic infraction (Featured in the Chicago Daily Law Bulletin).

$5M
$5M

Verdict resulting from an improper police chase. Fleeing suspect hit car driving through an intersection with mother in front seat and minor daughter in rear. Mother was killed. Entire accident was caught on a nearby CTA bus videocam (Featured in the Chicago Daily Law Bulletin).

$1.579M
$1.579M

Verdict for a 58-year-old public school principal whose reputation was damaged after she was wrongfully arrested, wrongfully charged, and wrongfully prosecuted following a fight involving six students at her school in which she merely called 9-1-1.

$148M
$148M

Verdict for a paralyzed 24-year-old female injured at O’Hare International Airport (highest compensatory verdict awarded to an individual in Illinois, and top five in U.S., excluding punitive damages).

$15M
$15M

Recovery for a 34-year old property adjuster in Dallas, Texas, left severely burned after being electrocuted by a dangerously-low-hanging electrical wire on a roof, about which the company had received complaints but failed to correct.

$12.5M
$12.5M

Recovery for a Rolling Meadows high school football player who became a quadriplegic after he was tackled by a teammate into an unpadded, 25 foot-high steel post located 11.5 feet from the sideline of the school’s practice field.

$15.2M
$15.2M

Verdict for a 33-year-old veteran forced to undergo seven surgeries after his left foot was degloved when it was run over by a forklift while working at an international technology show at McCormick Place.

$15M
$15M

Recovery for a 34-year old property adjuster in Dallas, Texas, left severely burned after being electrocuted by a dangerously-low-hanging electrical wire on a roof, about which the company had received complaints but failed to correct.

$4.75M
$4.75M

Recovery for a 42-year-old Chicago construction worker whose leg was shattered when he fell 20 feet after the steel beam on which he was working collapsed.

Currently seeking recovery on behalf of clients who have filed lawsuits against Abbott Laboratories, Inc. (“Abbott”), Mead Johnson & Company and Mead Johnson Nutrition Company (“Mead Johnson”). Babies born to these plaintiffs developed necrotizing enterocolitis (“NEC”) after they were fed infant formula manufactured by Abbott or Mead Johnson. NEC is a serious gastrointestinal problem that mostly affects premature babies and can lead to permanent injury or death.

Received financial compensation for the families of plaintiffs who were prescribed the pain medication Vioxx manufactured by Merck. The drug was found to cause heart attacks and strokes and has subsequently been withdrawn from the marketplace.

Verdict obtained on behalf of homeowners who lived near the Sterigenics facility and contracted various forms of cancer as a result of ethylene oxide (“EtO”) emissions into the environment by Sterigenics and its parent company, Sotera Health.

$148M
$148M

Verdict for a paralyzed 24-year-old female injured at O’Hare International Airport (highest compensatory verdict awarded to an individual in Illinois, and top five in U.S., excluding punitive damages).

$6.5M
$6.5M

Recovery for a 55-year-old Chinese immigrant whose leg was crushed by a Chicago Transit Authority bus making too-tight-a-turn at a downtown intersection. The 55-year-old woman was within the crosswalk at the time of the Chicago accident.

$5M
$5M

Recovery for a 31-year-old woman who suffered permanent brain damage after she was struck by public transit bus while jogging.

$4M
$4M

Verdict against school district for sex abuse of two minor children by gym teacher off school grounds.

Pending Case
Pending Case

Kaveny + Kroll has filed suit against Northwestern University due to its failure to protect a student who was knowingly experiencing suicidal ideation and planning. The student jumped from a fourth story window and suffered two punctured lungs, multiple broken ribs, damage to internal organs, and traumatic brain injury. The case remains pending.

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