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:
- Medication mistakes, such as giving too much or too little medicine, or giving the wrong medicine
- Diagnostic mistakes, such as failing to diagnose your illness promptly or giving you the wrong diagnosis
- Surgical mistakes
- Anesthesia mistakes
- Lack of sterilization or poor hospital policies, allowing infections to develop
- Aftercare mistakes, such as discharging a patient prematurely or failing to send patients home with clear instructions
- Birth injuries
- Lack of informed consent
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.