A Beginner’s Guide to Medical Malpractice

Monday, March 30, 2015

A Beginner’s Guide to Medical Malpractice

Written by Malman Law, reviewed by Steve J. Malman.

Suffering harm at the hands of a doctor or hospital can be an unsettling experience. If you or a loved one has been injured while receiving medical care, you may have a claim for medical malpractice.

What is Medical Malpractice?

The term “medical malpractice” refers to professional negligence by a doctor, nurse, or healthcare facility that results in personal injury or death. Hospitals and medical professionals owe a duty of care to their patients. When they fail to live up to that standard of care, they can be held liable for medical malpractice.

What are Some Common Examples of Medical Malpractice Claims?

Medical malpractice can take many forms, and it is important to remember that any substandard care that results in injury or death may be grounds for a claim. However, some of the most common examples of medical malpractice include:

The effects of medical practice vary widely from case to case, but serious medical errors can result in the need for follow-up medical procedures, brain injuries, birth injuries, paralysis, and death.

If I am a Victim of Medical Malpractice, Can I Recover My Medical Expenses from the Doctor?

With regard to financial compensation, medical malpractice claims are just like any other claims for personal injury or wrongful death. This means that you can recover not only your medical expenses, but also the costs of any future rehabilitation or treatment, lost wages, lost earning capacity, pain and suffering, and other types of damages.

Also, remember, medical malpractice doesn’t just apply to doctors and nurses. Hospitals and other healthcare facilities can also be held liable for medical errors. Medical facilities are responsible for their own negligence (for example, failing to conduct adequate background checks on their doctors or not having enough nurses on staff), and can also be held vicariously liable for the acts of their employees.

How do I File a Medical Malpractice Claim?

Filing a medical malpractice claim involves submitting all of the necessary paperwork to the appropriate court and making sure that the defendants receive service of your complaint. Medical malpractice claims also involve heavy negotiations with the healthcare providers’ insurance companies. In fact, most malpractice claims are settled through insurance outside of the courtroom.

In order to file a lawsuit and convince the insurance companies to settle for the full amount you are owed, you will need to have proof that both (i) you are injured, and (ii) the medical professional or facility you are suing is responsible for your injuries. This typically requires the knowledge and expertise of an experienced medical malpractice attorney. With the right professional help, you can gather all of the evidence you need to present a strong claim for maximum compensation for your losses.

Schedule a Free Consultation with an Illinois Medical Malpractice Attorney

Chicago attorney Steven J. Malman represents medical malpractice victims throughout the State of Illinois. To schedule your free consultation, call (888) 625-6265 today or fill out our online FREE case evaluation.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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