Could Medical Malpractice Happen to You?

Could Medical Malpractice Happen to You?

Daniel Hall 07/02/2023
Could Medical Malpractice Happen to You?

Although healthcare is an industry dedicated to serving individuals and looking out for their needs, things can still go wrong.

Accidents can happen or personnel can behave negligently in a way that puts patients at risk. When healthcare professionals do not live up to the expected standard of care, and patients suffer as a result, it is known as medical malpractice.

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Medical malpractice could happen to anyone. Even the healthiest individuals could become victims of negligence or recklessness by a medical professional. Personal injury claims occur when victims seek compensation to cover damages after negligence by another party causes an injury, and medical malpractice is one of the most common causes of these cases.

To arm you with the knowledge needed to understand if medical malpractice could happen to you, and what to do in the aftermath, here is a deep dive into some examples and solutions.

Types of Medical Malpractice

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There are multiple situations in which you could be harmed under the care of a medical professional, and it is not just about major surgery mistakes. Take a look at a few examples.


Failing to diagnose a patient’s condition correctly could fall under the umbrella of medical malpractice. When examining a patient, a doctor is expected to use all means necessary to obtain the correct diagnosis so that a treatment plan is well-informed. Failing to do so as a result of carelessness or negligence is grounds for a medical malpractice claim if it leads to further harm to the patient. The telehealth trend, while overall a positive for the healthcare industry, is complicating this issue, as it is far more difficult to make accurate diagnoses via remote means. 

Medication Errors

If you are under the care of a medical professional and are administered an incorrect medication that causes complications, you could also file a claim against the clinic/individual responsible for the mistake. While it may have been incidental, it is crucial that patients receive what they need to be healthy, and an incorrect medication puts them in serious danger. 

Surgical/Anaesthesia Mistakes

When undergoing procedures, you are trusting your own safety to those that are performing the surgery. This includes the surgeon, the anaesthesiologist, and others involved in the process. Mistakes or carelessness can occur during the surgery that results in further injury to your body. In this case, you could sue for malpractice to cover the damages caused by your injury.

There are many other examples of medical malpractice as well, such as nursing home abuse, birth injuries, and hospital negligence.

Filing a Claim

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If any form of medical malpractice occurs that leads to injury, you have the right to file a claim against the at-fault party, in which case you should hire medical malpractice lawyers in Chicago. An attorney who specializes in this area of the law can benefit your claim status in a number of ways.

Compiling Evidence

Evidence is going to be the main focus of the case, and it will determine whether or not you can receive compensation for your losses. The burden of proof lies with you to demonstrate that the healthcare individual or facility behaved negligently and ultimately caused your injury. You must also have evidence of the damages suffered. A medical malpractice lawyer will help you build your case and compile strong evidence to support your claim and prove liability.

Calculating Compensation

Damages from a personal injury can include medical expenses, lost income, property damage, and even non economic damages like emotional suffering. The monetary value of these losses is hard to assess, but a lawyer can assist you with this step. Once you have a number for what would make a fair settlement, you know what the target is for the claim.


One of the most challenging steps of the injury claim process is getting fair compensation that covers your losses. Insurance companies and other entities want to avoid a large payout and will typically make a low initial offer. Lawyers will help you negotiate for a fairer compensation package that gives you the financial means to recover from the injury and its associated damages. Going up against these insurance companies alone could result in a much lower settlement that doesn’t help you get back on your feet financially.

Know Your Rights

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Though medical malpractice may seem like a rare occurrence, that doesn’t mean that it cannot happen to you. Even something simple like a misdiagnosis at a checkup could have disastrous results if the treatment plan is completely wrong. It is up to you to hold healthcare professionals and practices accountable when they act with negligence and put you at risk. Contact an attorney who specializes in medical malpractice and file a claim if you are injured and dealing with damages. You will need to hire a specialist medical negligence solicitor such as PJF to get the best outcome for your case. The best way to improve responsibility within the healthcare industry is to ensure that mistakes are corrected and recklessness is weeded out completely.

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Daniel Hall

Business Expert

Daniel Hall is an experienced digital marketer, author and world traveller. He spends a lot of his free time flipping through books and learning about a plethora of topics.

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