You may be able to sue for medical malpractice if the outcome of your medical treatment was unexpected, but only if it can be shown that the outcome was due to a failure on the part of the medical professional to meet the standard of care. In a medical malpractice case, simply having an undesirable or unexpected result doesn’t necessarily mean that malpractice occurred. However, if negligence, substandard care, or a preventable error caused the outcome, then a lawsuit might be warranted.
For a free case review in Chicago, call Ankin Law at 312-600-0000.
How to Determine Whether You Can Sue for Medical Malpractice
Before determining whether you can sue for medical malpractice, your lawyer will need to determine whether malpractice actually occurred. What is Medical Malpractice? Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care expected in their field, resulting in harm or injury to a patient.
When patients suffer illness, injury, or death and medical negligence or medical errors are suspected, the law uses the standard of care as a benchmark to determine if professional obligations have been met. Failure to meet the standard of care is considered negligence. Injured patients can sue for medical malpractice when providers fall short of providing care that meets the standard expected.
To succeed in a medical malpractice case, your medical malpractice lawyer must generally establish these four key elements:
1. Duty of Care: The medical professional or facility had a duty to provide an acceptable standard of care. This is typically established if there was a doctor-patient relationship.
2. Breach of Duty: The medical professional did not adhere to the standard of care. This can mean they made an error that another competent professional in the same field would not have made under similar circumstances.
3. Causation: The breach of duty must have directly caused the injury or unexpected outcome. This is often the most challenging element to prove, as it must be demonstrated that the harm was due to the professional’s actions or inaction rather than an unavoidable complication.
4. Damages: The patient must have suffered actual damages (such as physical injury, emotional distress, additional medical expenses, or lost wages) as a result of the negligence.
Examples of Unexpected Outcomes That May Constitute Malpractice
Some situations where an unexpected outcome may qualify as malpractice include:
- Surgical Errors: Operating on the wrong body part, leaving instruments inside the body, or performing a procedure incorrectly can lead to unexpected complications.
- Medication Errors: Prescribing the wrong medication or dosage may result in serious side effects or inadequate treatment.
- Misdiagnosis or Delayed Diagnosis: Failing to diagnose a condition, or diagnosing it incorrectly, can lead to an unexpected deterioration in health that might have been preventable with timely treatment.
- Failure to Warn of Risks: Patients have a right to be informed about the potential risks of any procedure or treatment. If they are not informed and suffer an unexpected complication, this could constitute a lack of informed consent, which is grounds for malpractice.
According to Illinois statistics, in 2023, there were 487 medical malpractice claims made in Illinois. Illinois is ranked #5 in the top 10 states that spend the most on medical malpractice cases.
What to Do if You Experience an Unexpected Outcome After a Medical Procedure
According to the National Library of Medicine (NIH), adverse events frequently occur within the medical system, and at least one in ten patients are affected. An adverse event (AE) is recognized as a harmful and negative outcome that happens when a patient has been provided with medical care. Adverse events from medical treatments may include a variety of illnesses and injuries, permanent disabilities, psychological harm or trauma, side effects from medications, and patient death.
Adverse events can be preventable or unpreventable, and they can occur with any type of medical care or treatment with a wide range of severity. If you experience an adverse event after a medical treatment or procedure:
Call a Doctor
If you’re experiencing complications, symptoms, or discomfort, contact a healthcare provider promptly. Sometimes unexpected outcomes can result from normal, treatable side effects, but in other cases, they may indicate a more serious problem that needs immediate attention. Many adverse events are treatable. However, permanent injury and patient death can also occur.
In the United States, more than 250,000 patients who receive medical care each year will experience an adverse event, and more than 100,000 patients will die from the care that they received. Elderly patients have a higher risk of adverse events during medical treatments and surgeries due to existing health conditions, weak immune systems, and medical complications.
Document Your Symptoms and Experience
Keep a detailed record of your symptoms, any pain or discomfort, and how your condition affects your daily life. Document dates, times, and descriptions of any conversations with your healthcare provider about your symptoms or concerns.
Request Medical Records
Request copies of your medical records, including documentation from your initial treatment, diagnosis, and follow-up appointments. This information can be useful if you decide to consult with another healthcare provider for a second opinion or to pursue legal action if necessary.
Ask Your Doctor for an Explanation
If your outcome is not what you expected, it’s a good idea to ask your healthcare provider for clarification. They can provide insight into whether the result is a known risk of the procedure, an uncommon but potential outcome, or something that may warrant further investigation.
Get a Second Opinion
Consulting another healthcare professional can help confirm whether your outcome is within the normal range of expected results, or if it’s something more serious that might involve a medical error. A second opinion may also help guide your next steps in terms of treatment.
Contact a Medical Malpractice Lawyer
If you suspect that medical negligence caused your unexpected outcome, an experienced medical malpractice attorney can review your case and help you understand your options and how to report medical malpractice. They may work with medical experts to determine if the standard of care was not met and if you have grounds for a claim.
An experienced Illinois medical malpractice lawyer can oversee all aspects of your case, including the time frame to sue for medical malpractice and non-economic damages caps. Your lawyer can sue for medical malpractice in court or represent you in an out-of-court settlement agreement between parties. With a valid case to sue for medical negligence, your lawyer can help you recover significant damages.
How Medical Malpractice Claims Work
When a patient believes they have experienced medical malpractice, they can file a claim to seek compensation for their injuries. Typically, medical malpractice claims require the support of a medical expert who can verify that the healthcare provider’s actions fell below the accepted standard of care.
Testimony from an Expert Witness
Since medical malpractice lawsuits are usually complicated to prove, the court relies on credible testimony from an expert witness. In Illinois medical malpractice cases, the law requires an expert witness to validate the claim. Before an injury victim can file a medical malpractice lawsuit, they are required to file an affidavit of merit and talk to an expert witness who will need to testify in court.
A medical malpractice expert witness is a person with specialized education, experience, knowledge, and skills in a particular field who is called upon to provide their expertise in legal proceedings. An expert witness is used to assist the court with understanding complex technical or scientific issues related to medical malpractice cases. Most courts follow the “gatekeeper” standard to screen out expert witnesses who are not qualified to testify in specific cases. In a medical malpractice lawsuit, the court relies on an expert witness for the following:
- Establish the Standard of Care – Expert witnesses are typically medical professionals in a similar field of health as the defendant. They can explain the acceptable medical procedures in similar situations and establish if the medical professional deviated from the standard of care.
- Translate Medical Jargon – Expert witnesses can decipher complex medical jargon used in medical terminology. They can simplify a patient’s diagnosis, prognosis, and complications to make the case more understandable for the court.
- Support Causation – Expert witnesses can link the medical professional’s negligent actions to the patient’s harm. This confirms the affidavit of merit and strengthens the patient’s argument for a medical malpractice lawsuit.
- Prove Credibility – A medical malpractice expert witness is highly qualified and has proven credibility in court. Expert witnesses have specialized knowledge and experience in certain medical fields and present accurate, objective assessments of a patient’s injuries.
If you suspect that medical malpractice caused your injury, contact us for legal advice. Our Chicago medical malpractice lawyers offer a free case review.
