Patients trust medical professionals to provide the best possible treatment. But when these professionals fail to uphold the accepted standard of care in their field, and a patient is harmed as a result, they commit what is known as “medical malpractice.”

From delayed diagnoses to surgical errors, negligent healthcare and its impact on victims and their families can be devastating. Understanding who is liable for medical malpractice and how to pursue justice is essential for those navigating these challenges.

Who Can Be Held Liable for Medical Malpractice?

Determining liability is one of the most critical questions in any medical malpractice case. Liability often extends beyond just one person, encompassing a range of healthcare providers and institutions. Below, we break down some of the most common parties who may be held liable for medical malpractice:

Doctors and Surgeons

Physicians, including general practitioners and specialists, are at the forefront of medical care. Doctors must live up to a high standard of care while practicing medicine. They can be held liable if they fail to diagnose a condition, misdiagnose an illness, or make critical errors during treatment. For instance, typical examples of medical malpractice involving doctors include prescribing the wrong medication or performing a procedure incorrectly, leading to severe complications.

Dentists and Oral Surgeons

Dentists and oral surgeons are also subject to malpractice claims when their negligence causes harm. This might involve extracting the wrong tooth, failing to recognize signs of oral cancer, or performing procedures without proper sterilization.

Pharmacists

Pharmacists are crucial in ensuring patients receive the correct medication and dosage. Errors in dispensing medications, failing to account for patient allergies, or neglecting to flag medication interactions—whether due to miscommunication or lack of attention to detail—can result in serious harm. When such mistakes occur, pharmacists may be held accountable.

Nurses and Other Medical Staff

Nurses, anesthesiologists, and other medical professionals often work closely with patients during treatment. Mistakes like failing to monitor a patient’s condition or administering incorrect medication or dosage can lead to severe consequences, potentially making them liable in a medical malpractice lawsuit.

Hospitals and Medical Facilities

In many medical malpractice cases, liability does not stop with the individual healthcare provider. Hospitals and clinics may also share responsibility for patient harm. A facility might be liable for hiring unqualified staff, failing to maintain proper equipment, or implementing inadequate safety protocols. For example, if understaffing leads to a preventable medical error, the hospital can face a lawsuit for medical malpractice.

These varied sources of liability showcase the need to conduct a complete investigation to identify all responsible parties. Consulting an experienced Chicago medical malpractice lawyer can ensure that every avenue of accountability is pursued.

How Do You Prove Medical Malpractice?

To successfully establish a medical malpractice lawsuit, plaintiffs must typically prove four essential elements in detail:

Duty of Care: It must be established that the victim had a professional relationship with the healthcare provider and the provider was thus obligated to take all reasonable measures to protect them from harm. This is typically the case if the victim is their patient. By contrast, a healthcare professional would not have a duty of care if they were a friend or acquaintance offering casual advice.
Breach of Duty: The plaintiff must prove that the provider’s actions, or inactions, did not meet the minimum standard of care their profession requires. This could mean that they misdiagnosed a condition, failed to order necessary tests, or neglected to inform the patient of critical treatment options.
Causation: The third element focuses on connecting the breach of duty to the harm suffered by the patient. It must be demonstrated that the injury would not have occurred if the provider had not been negligent.
Damages: The final element involves proving that the patient experienced measurable harm due to the breach of duty. Damages can vary but often include losses such as medical expenses for treating the injury, lost wages due to an inability to work, and emotional distress. Plaintiffs must provide evidence illustrating the extent of these damages to support their case effectively.

Strong evidence is the key to a successful medical malpractice case. Examples of evidence include medical records, expert witness testimony, and detailed injury documentation. Skilled legal representation can play an instrumental role in gathering and effectively organizing this evidence.

Understanding Compensation in Medical Malpractice Cases

Compensation, often referred to as “damages,” is a payment made to victims of medical malpractice. These payments are meant to address the physical, emotional, and financial toll caused by negligence. Compensation in medical malpractice lawsuit cases typically falls into two main categories:

Economic Damages: These damages include tangible losses such as medical bills, rehabilitation costs, and lost wages. For example, a victim unable to work due to permanent injury may recover lost income as part of their settlement.
Non-Economic Damages: These damages cover losses like pain and suffering, loss of enjoyment of life, and mental anguish. They are often harder to quantify but are no less impactful to victims and their families.

The compensation awarded can vary depending on the circumstances. Factors such as the severity of the injury, the impact on the victim’s quality of life, and the strength of the evidence presented all play a role.

Talk to Power Rogers About Your Medical Malpractice Case Today

If you or a loved one is a victim of medical negligence, you deserve answers, accountability, and justice. At Power Rogers, we understand the complexities of medical malpractice cases and the overwhelming emotions that come with them. Our compassionate approach ensures clients feel heard, supported, and empowered throughout the legal process.

We have decades of experience handling some of Chicago’s most challenging medical malpractice cases, and we are committed to pursuing fair compensation and holding negligent parties accountable. Contact us to schedule a medical malpractice case review to discuss your options with a trusted attorney.