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Medical Malpractice in Chicago: The Basics


There are many great healthcare professionals and medical centers in Chicago that provide the highest quality of care. Unfortunately, medical professionals are human beings and they too, can make mistakes. Still, healthcare professionals are held to the highest standard and are expected to provide an exceptional level of care. When they fail to do this and patients become hurt as a result, medical professionals can be held liable through a medical malpractice claim.

Medical malpractice claims are some of the most complex types of personal injury cases. There are many laws that govern these claims and there are many elements of your claim to prove. Below, our Chicago medical malpractice lawyer outlines the basic information you should know about these claims.

What Constitutes Medical Malpractice?

Medical malpractice occurs when a doctor, nurse, or other healthcare professional acts negligently, or carelessly, and a patient becomes injured as a result. Medical malpractice causes some of the most catastrophic injuries including traumatic brain injuries, birth injuries, amputations, infections, and more.

It is important to note that not all undesirable outcomes are considered medical malpractice. Doctors often have to use a trial-and-error approach when treating patients. Many conditions and illnesses exhibit the same symptoms and so, a doctor may test for one condition in order to eliminate it before testing for another. During this time, the patient’s health may worsen until a correct diagnosis is made. 

In some cases this may be considered medical malpractice but that is not always the case. To determine if medical malpractice occurred, it must be proven that another healthcare professional in a similar position would have acted differently in the same situation.

Common examples of medical malpractice are as follows:

  • Misdiagnosis
  • Delayed diagnosis
  • Failure to diagnose
  • Failure to treat
  • Anesthesia errors
  • Surgical errors
  • Failure to properly sterilize medical tools
  • Failure to order proper tests
  • Medication errors, such as improper dosage
  • Premature discharge
  • Lack of post-operative care
  • Lack of informed consent

Patient Rights in Chicago

In Illinois, the Medical Patient Rights Act outlines what all patients are entitled to from their doctors and other healthcare providers. A few of these rights are as follows:

  • Privacy: You have the right to privacy and confidentiality protection. You also have the right to stipulate the specific conditions when your medical information can be disclosed to another party.
  • Informed consent: You have the right to provide informed consent. This means your healthcare provider must inform you about the possible complications, risks, and chances of success before agreeing to undergo a specific form of treatment.
  • Complete care: You have the right to receive care that is complete, reasonable, and that complies with the current best practices and medical standards. You also have the right to obtain the names of any medical professional that provides you with care.
  • Involvement: You have the right to be fully involved in all aspects of your medical care. You also have the right to refuse any medical treatments you do not want to receive, and to refuse them for any reason.
  • Transparent billing: You have the right to a full explanation of your medical billing before you make payment. You also have the right to request an itemized list of billed items and an explanation of those items.

When healthcare professionals infringe on the rights of a patient, they will face certain penalties. However, a violation of rights does not automatically mean malpractice occurred. If you believe your rights have been violated or you have suffered harm due to medical negligence, it is important to speak to a Chicago medical malpractice lawyer who can review your case.

Warning Signs of Medical Malpractice

Due to the fact that not all mistakes constitute medical malpractice, it is often difficult for patients to know whether they have a case. If you have noted any of the following warning signs, you may have a valid claim:

  • Unexplained and unexpected complications
  • A treatment is not working as was expected
  • A healthcare professional dismissed your medical concerns
  • After very minimal testing, you were diagnosed with a very serious disease
  • You were told there is no medical problem but continue to experience symptoms 
  • A healthcare professional will not directly answer your questions

Although the above warning signs do not conclusively mean malpractice has occurred, they can indicate that it is time to speak to a lawyer who can advise on your case.

How to Prove Medical Malpractice

As in all personal injury cases, you must prove medical malpractice, which means establishing certain elements of your claim. There are four elements you must prove in order to show that medical malpractice occurred.

The first element to prove is a provider-patient relationship. This means that you must establish that as a patient, you had a professional relationship with the medical provider. For example, if you received informal advice from a doctor but they have not accepted you as a patient or you were not seeking treatment, this does not constitute a provider-patient relationship.

You must then prove that the medical provider breached the standard of care. This is often difficult, as it requires you to establish the act of negligence by the provider. Typically, proving this element of a malpractice case requires you to use expert testimony from another medical professional.

The third element you must prove is that the negligent act caused your injuries. A negligent act is not enough to file a medical malpractice case if it did not result in injuries.

Lastly, you must also prove the extent of damages you suffered as a result of the malpractice. If you did not suffer losses, there is nothing to compensate for and so, no medical malpractice claim.

Our Medical Malpractice Lawyer in Chicago Can Prove Your Case


Proving medical malpractice claims is always very challenging. At Kennedy Watkins, LLC, our Chicago medical malpractice lawyer can prove all elements of your case so you obtain the full and fair compensation you are entitled to. Call us today at (312) 448-8181 or contact us online to schedule a free review of your case and to learn more about how we can help.

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