We usually trust that our health is well taken care of when we seek medical attention. However, when a healthcare provider’s negligence or a medical error causes harm or injury, feelings of confusion and betrayal are common.
This is not a small issue, either. According to a 2023 study by Johns Hopkins University, nearly 800,000 Americans suffer permanent disability or die each year due to incorrect medical diagnoses.
If you suspect malpractice, it can leave you feeling uncertain about your next steps. But it’s essential to understand your legal strategy—starting with knowing how to prove your medical malpractice claims.
At Midwest Injury Lawyers, we’ve worked on many medical malpractice cases – and placing liability on negligent healthcare providers is the most crucial (and difficult) part of the process.
In this guide, we will walk you through how to do this, giving you the confidence to take the necessary steps forward.
1. Understanding Medical Malpractice
Medical malpractice occurs when a healthcare professional’s actions fall below the accepted standard of care, resulting in harm or injury. This can involve errors in diagnosing conditions, providing treatment, managing aftercare, or overall health management.
A misdiagnosis or a surgical error can have serious, long-lasting effects. In one case, a jury awarded $39.9 million to a stroke survivor in a medical malpractice lawsuit. The patient was left permanently disabled after doctors failed to address symptoms that could have prevented the stroke. This verdict is the largest in Illinois for a stroke-related medical malpractice case.
Cases like these highlight why seeking justice is essential. It can help individuals get compensation for medical expenses, lost wages, and pain and suffering. Additionally, holding healthcare providers accountable can help prevent future medical negligence, ensuring better care for others.
2. Establishing a Doctor-Patient Relationship
In medical malpractice suits, you must first prove that a doctor-patient relationship existed. This means the doctor agreed to treat you, and you agreed to receive treatment.
It may seem straightforward, but it’s crucial for a viable medical malpractice claim. You’ll need solid evidence like appointment records, treatment plans, and medical bills to substantiate this relationship.
These documents are key to showing that the medical professional was responsible for your care. Even casual advice from a doctor can sometimes count if it leads to direct treatment.
3. Demonstrating a Breach of Duty
A breach of duty occurs when a healthcare provider fails to meet the standard of care expected in their field.
To establish a breach of duty, you’ll need expert testimony. These experts, typically experienced doctors or medical professionals in the same field as the provider in question, clarify what the standard of care should have been and how the provider failed to meet it.
Their insights are crucial in demonstrating deviations from accepted practices. Medical records and other documentation will further support your claim, providing concrete evidence to back the expert’s testimony.
Moreover, even small errors in medication can be considered a breach of duty, emphasizing the importance of thorough evidence. Our experienced personal injury attorneys in the Chicago area guide clients through every detail, ensuring their medical malpractice claims are meticulously well-prepared.
4. Proving Causation
With medical malpractice cases, it’s not enough to show that the healthcare professional was negligent; you must also prove that their negligence directly caused your injury.
This requires thorough documentation, including detailed medical records, expert testimony, and timelines.
These pieces of evidence are crucial for clearly showing how the breach of duty led to your injury. For instance, a delay in diagnosis must be directly linked to the worsening of your condition.
Gathering witness statements from those aware of your condition before and after medical errors can also strengthen your claim.
5. Showing Damages
In medical malpractice lawsuits, damages can be classified as either economic or non-economic, depending on the extent of harm caused by the medical provider.
Economic damages include tangible costs such as:
- Medical bills
- Rehabilitation expenses
- Lost wages due to the inability to work.
Non-economic damages, on the other hand, cover intangible losses like:
- Pain and suffering
- Emotional distress,
- Loss of enjoyment of life.
These damages aim to compensate for the broader impact on the victim’s quality of life and overall well-being.
It’s crucial to keep detailed records of all expenses related to your injury, including medical treatments, travel costs, and home or lifestyle modifications. Personal journals documenting your pain and suffering can also be invaluable.
6. The Role of a Medical Malpractice Lawyer
A medical malpractice lawyer can guide you through the legal process, help gather evidence, and represent you in court. They understand the complexities of these cases and can significantly increase your chances of success.
Seek out a medical malpractice attorney with a strong background in medical malpractice claims, a proven success record, and good communication skills.
It’s also best to find an attorney with contingency fee arrangements, like Midwest Injury Lawyers. In these arrangements, you pay no upfront fees. In fact, you’ll generally pay nothing unless the attorney secures a win for the case.
If you live in the greater Chicago area, hiring a local medical malpractice lawyer is especially beneficial since they know the specific state medical malpractice laws and regulations.
7. Statute of Limitations
Every state has a specific statute of limitations for filing medical malpractice claims, setting a strict deadline for your lawsuit. In Illinois, this is two years from the date of the injury.
Acting quickly is essential to avoid missing this critical deadline. Consulting with a medical malpractice attorney early on can help ensure you meet all necessary deadlines.
In some states, this period can be as short as one year, so don’t delay in seeking legal advice.
Final Thoughts
Proving a medical malpractice case requires a thorough understanding of medical malpractice law and meticulous preparation. By establishing a doctor-patient relationship, demonstrating a breach of duty, proving causation, and documenting damages, you can build a strong case.
Most importantly, hiring a skilled medical malpractice lawyer will provide invaluable support throughout this process.
If you believe you’ve been a victim of medical malpractice, don’t hesitate to seek legal advice. At Midwest Injury Lawyers, we aim to get you the best possible outcome for your case — with no upfront costs.