What Is Medical Malpractice?

Medical malpractice occurs when a patient sustains an injury as the result of the negligence or erroneous care by a hospital, doctor or other healthcare professional. An injury as a result of negligence can occur in a number of ways, and if proven responsible, the healthcare professional can be held liable. In such case, you may be entitled to a compensation for the damages you sustained from your injury. If your are faced with a potential medical malpractice case, you should contact an attorney, like a medical malpractice lawyer Chicago IL relies on, immediately to determine your options and ensure your rights are protected.

Types of Medical Malpractice Cases

Medical malpractice can take form in numerous ways. Below are the most common types of negligence that may lead to a lawsuit:

  • Errors in Surgery
  • Unnecessary surgery
  • Delayed Diagnosis or Misdiagnosis
  • Mishandling a Birth
  • Poor Communication Between Medical Staff
  • Poor Follow-Up Care
  • Sexual Abuse of Patients
  • Improper Medication or Prescription
  • Documentation Error
  • Mishandling of Laboratory Results
  • Early Discharge
  • Failure to Order the Appropriate Testing

Medical Malpractice By Law

In order to file a medical malpractice lawsuit, an injury must be proven as a direct result of negligence by a healthcare provider. To make a valid claim, three elements are required by law:

  • There Was a Standard of Care that was Breached: All healthcare providers and health institutions are required by law to provide a standard of care and safety to patients. The standard of care pertains to the medical practices, the medical professionals and the medical objects and surroundings that may be involved in the treatment of a patient. Failure to comply with any of the accepted standard classifies as a breach of care, and will hold the responsible party liable in the case of an injury. If you are filing a medical malpractice lawsuit, you are required to prove that the responsible party had a standard of care, and that it was breached. Ding so, you would need prove the standard of care specific to your situation, then provide proof of the negligence (previously listed)  that violated the safety standard.
  • An Injury Resulted from the Negligence: A valid medical malpractice claim must include a significant injury that can be proven as a result of negligence. It must, therefore, be proven that there is an injury that would not have occurred in the absence of negligence by the responsible party. For a valid claim, you should provide documentation including pictures, medical records and testimony proving the injury as well as the cause of the injury.
  • Significant Damages Resulted from the Injuries: A medical malpractice lawsuit can be expensive and time consuming, so it’s important that you can prove sufficient damages that resulted from the injury. Since the compensation will be provided for these damages, you should ensure that they are worth more than the cost of pursuing the case. To prove damages, you will need to provide all costs resulting from your injury. These damages are listed below.


In a medical malpractice lawsuit, the damages often consist of any financial or personal costs that resulted from an injury caused by medical negligence. The following damages may be compensated for in your case:

  • Medical Bills and Related Costs
  • Lost Wages
  • Potential Loss of Wages
  • Pain and Suffering
  • Emotional Distress

Sustaining an injury from medical negligence alone can involve copious amounts of suffering and stress. If you decide to file a medical malpractice lawsuit, a skilled attorney can help relieve any additional stress. A medical malpractice attorney will help you to determine the validity of your claims and how much your case is worth. In pursuing a case, he or she can provide the guidance and counsel necessary to protect your rights and ensure fair compensation.


Thanks to our friends and contributors from the Law Offices of Konrad Sherinian for their insight into birth injury.