Injuries that Can Arise from Medical Malpractice

Thursday, January 14, 2021

Injuries that Can Arise from Medical Malpractice

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

Medical malpractice can cause some significant injuries to innocent and unsuspecting patients. These injuries can cause severe damages such as disability, medical expenses, and pain and suffering. Those that suffer injury should seek the help of an experienced medical malpractice attorney as soon as possible. 

A 2016 study out of Johns Hopkins University revealed that medical errors had risen to become the third leading cause of death amongst Americans. In fact, they are an under-recognized cause of death resulting in 10 percent of all deaths in the United States. Considering that doctors and other medical care providers are supposed to “do no harm,” these are extremely concerning statistics. Chicago medical malpractice lawyers are often called upon to help seek justice on behalf of medical malpractice victims and their families.

What is Medical Malpractice?

When a doctor, other healthcare professionals, or hospital causes an injury to a patient, whether by a negligent act or an omission, medical malpractice has occurred. When a medical care facility, provider, or professional’s performance departs from a standard of practice of those with similar training and experience and results in harm to a patient or patients, there is likely a valid claim for medical malpractice.

To legally be considered medical malpractice, the claim must include the following:

• A breach of the standard of care: Patients have the right to expect that their health care professionals will provide care that is consistent with specific standards. If the standard of care wasn’t met, then negligence could be established.
• The negligence resulted in injury: It’s insufficient to show that a health care professional merely breached the standard of care. The injured patient must also show they suffered an injury that would not have occurred if it weren’t for their negligence. An undesirable outcome by itself isn’t medical malpractice. The patient must establish that the negligence of the healthcare provider caused the injury. 
• The injury resulted in substantial damages – Medical malpractice litigation is expensive, frequently requiring testimony of multiple medical experts and innumerable hours of deposition testimony. The patient must show that substantial damages resulted from their injury caused by medical negligence. If the damages aren’t worth enough, the cost of pursuing the case might be greater than the subsequent recovery. In a valid medical malpractice claim, the injured patient must show that the injury caused a disability, unusual pain, suffering and hardship, loss of income, or significant past and future medical bills.

Patients who believe their injuries result from medical malpractice should discuss their case with an experienced Chicago medical malpractice attorney.

Common Medical Malpractice Injuries

Injuries resulting from acts of medical malpractice can take on many shapes and forms. A Chicago medical malpractice lawyer can review your injuries and their circumstances to determine if you have a valid legal claim. 

However, the most common medical malpractice injuries include:

• Misdiagnosis or delayed diagnosis such as failing to refer to a specialist
• Failure to treat, for example, failing to order appropriate medical tests
• Prescription drug errors, for instance, prescribing the wrong medicine for a diagnosed condition
• Surgical or procedural errors, such as surgery on the wrong limb
• Childbirth injuries, for example, failure to recognize fetal distress

Contact a Compassionate Chicago Medical Malpractice Lawyer to Learn About Your Legal Rights

If your injuries were caused by an act or omission of someone on your medical team, time is of the essence. Reach out to the skilled medical malpractice attorneys at Malman Law today. Call (312) 629-0099 or use our online contact form to schedule a complimentary consultation to learn more about your legal rights and obligations.