What qualifies as medical malpractice?

If you were injured by a medical provider, you may benefit from speaking with a medical malpractice lawyer. An experienced lawyer can help you file a medical malpractice claim or pursue a lawsuit against the medical provider. Our firm has recovered substantially large settlements from medical providers who harmed our clients.

Care of Duty

The basis of a medical malpractice claim is that a relationship existed between the medical provider and the victim. The victim did not necessarily have to be a patient who paid for medical services as long as the provider offered care, such as a Good Samaritan doctor who treats a stranger at an accident scene. Care of duty is a legal construct that mandates a medical provider owes their patient a level of care that will help the patient, not hurt them more.

Examples of Medical Malpractice

There are many instances that qualify as medical malpractice that can lead to severe or fatal injuries. Virtually any medical provider can cause an injury if they are careless or negligent in treating or not treating their patient. After carefully reviewing the circumstances of your condition and how it developed, a medical malpractice lawyer can offer an opinion as to whether or not you have a valid injury claim. Here are some of the most common scenarios in which a medical malpractice case arises:

  • A primary physician fails to diagnose a serious condition despite the patient having symptoms that most physicians would associate with that condition.
  • A pharmacist or a member of their staff does not correctly fill a prescription with the right drug, combination of drugs, or dosage.
  • A surgeon removes the wrong limb or other part of the body or forgets a foreign article in the patient’s body.

Who can be held responsible for medical malpractice?

Anyone who is legally recognized or licensed to provide medical care can be held liable for medical malpractice if their negligence or carelessness can be proven. When a medical malpractice lawyer takes your case, they may determine that more than one provider should be held responsible for your injury. Some of the most common medical malpractice defendants include the following:

  • Surgeon
  • Surgical support staff (including tool sterilization personnel, nurses, etc.)
  • Anesthesiologist
  • Pharmaceutical representative
  • Surgical tool manufacturer
  • Aftercare support staff (including nurses, etc.)
  • Pharmacy staff
  • Home healthcare providers
  • Psychologist
  • Physical therapist

Recoverable Damages

Every potential medical malpractice case is unique because of the varying details. After a review of your circumstances, your medical malpractice lawyer can itemize which of the damages you sustained can be included in your claim. Many victims of medical malpractice will include one or more of the following in their list of damages:

  • Additional surgery costs to correct the medical malpractice damage
  • Post-operative costs including hospital stay, transportation, etc.
  • Medications
  • Doctor’s office visits
  • Medical device costs for items such as crutches, walker, cane, home healthcare
  • Home healthcare aids
  • Emergency transportation costs
  • Physical rehabilitation
  • Earnings not earned due to injury

If you suspect you have a medical malpractice claim, contact a medical malpractice attorney Chicago IL relies on for help today.


Thanks to our friends and contributors from the Law Offices of Konrad Sherinian for their insight into medical malpractice.