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When you go to a doctor, you trust that you’ll be treated with care and professionalism. But what happens when something goes wrong and you start to suspect that your physician made a mistake? It’s a tough situation, and questions about negligence and accountability can feel overwhelming.
If you believe a doctor’s actions—or lack thereof—led to harm, you might have a case for medical malpractice. The key to any malpractice case hinges on one essential concept: the standard of care. But what does that mean, and how do you prove that a doctor didn’t meet it? Here’s a clear breakdown to help you understand your rights and the steps involved.
What Is the Standard of Care?
The “standard of care” is a legal term that refers to the level of care and skill that a similarly trained and experienced medical professional would provide in the same situation. It’s the benchmark for what’s considered competent and acceptable medical care.
For example, if you go to the emergency room with chest pain, the standard of care might include performing tests like an EKG to rule out a heart attack. If a doctor skips these tests and serious complications result, they may not have met the standard of care.
However, it’s important to note that not every bad outcome equates to malpractice. Medicine isn’t an exact science; even when doctors do everything right, complications or unsuccessful treatments can happen. To prove malpractice, you’ll need to demonstrate that your doctor’s care fell below the appropriate standard and directly caused harm.
Steps to Prove the Standard of Care Was Not Met
Proving that a doctor failed to meet the standard of care isn’t easy—it requires building a strong case with evidence and expert opinions. Here’s how you can go about it:
1. Understand What Went Wrong
The first step is pinpointing exactly what happened. This might require reflecting on your treatment or even seeking a second opinion from another doctor. Here are some questions to consider:
- Did the doctor misdiagnose or fail to diagnose your condition?
- Was there a delay in diagnosis or treatment that caused complications?
- Did the doctor recommend a procedure or treatment that wasn’t appropriate?
- Were your concerns dismissed or ignored?
Sometimes, it’s hard to know whether something is malpractice without further investigation. That’s why consulting with an attorney experienced in medical malpractice is often a smart first move.
2. Request and Review Medical Records
Your medical records are one of the most critical pieces of evidence in a malpractice case. These documents detail your diagnosis, treatments, test results, and interactions with healthcare providers. They help establish:
- What was your condition at the time?
- What the doctor did or didn’t do.
- Whether other doctors may have acted differently in the same scenario.
When requesting records, be thorough. Ask for test results, consultation notes, and any communication related to your care. This could be a red flag if you notice discrepancies or incomplete documentation.
3. Consult Medical Experts
Medical malpractice cases rely heavily on expert testimony. Why? Because most judges and juries don’t have the medical knowledge to evaluate whether a doctor met the standard of care. A qualified medical expert can:
- Explain what the standard of care was for your condition.
- Identify where your doctor deviated from it.
- Connect the failure to the harm you suffered.
For instance, if a surgeon operated on the wrong site or failed to monitor a patient properly during an operation, a medical expert could testify about how such mistakes violate accepted medical practices.
The choice of expert matters. Typically, they should work in the same field as the doctor in question. For example, if your claim involves a cardiologist, the expert testifying should have similar experience and specialization in heart care.
4. Demonstrate Causation
Even if you prove that a doctor made a mistake, you must also show that the mistake directly caused your injury or worsened your condition. This is often one of the most challenging parts of a malpractice case.
For example:
- If a delayed diagnosis of cancer resulted in the need for more aggressive treatment, you might argue that a timely diagnosis could have improved your prognosis.
- If a mismanaged childbirth caused a child to suffer a preventable birth injury like Erb’s palsy, the evidence must link the negligence (e.g., improper use of forceps) to the injury.
Working with a lawyer and medical experts can help establish this connection in your case.
5. Show Damages
Without damages, there’s no malpractice claim. Damages refer to the physical, emotional, and financial harm you suffered as a result of the doctor’s failure. These might include:
- Medical expenses for corrective procedures or additional treatments.
- Lost income if your injury prevented you from working.
- Pain and suffering or diminished quality of life.
For example, if a doctor’s error left you with lasting nerve damage, you might seek compensation for ongoing physical therapy and adaptive tools you now need.
Real-Life Examples of Failing the Standard of Care
Example 1: Misdiagnosis
A patient goes to the ER for persistent headaches. The doctor assumes it’s a tension headache, writes a prescription, and sends them home. No imaging or further testing is done. A week later, the patient is rushed back with a ruptured brain aneurysm. A medical expert testifies that the standard of care required a CT scan during the initial visit, which would have caught the aneurysm in time.
Example 2: Surgical Error
A surgeon performs a knee replacement but leaves a surgical sponge inside the patient. The sponge later causes a severe infection. Expert testimony shows that standard procedures include counting surgical tools and materials to ensure nothing is left behind, which clearly wasn’t followed in this case.
Why You Need an Experienced Attorney
Medical malpractice cases are complicated and often contested heavily by insurance companies and medical providers. With an attorney in your corner, you’ll have the support needed to:
- Gather and analyze evidence.
- Identify credible medical experts.
- Navigate the legal process and any pushback.
- Pursue fair compensation for your losses.
An experienced attorney can help you understand whether you have a solid case and what steps to take next.
Chicago Medical Malpractice Attorney
If you or a loved one believe you have been a victim of medical malpractice, understanding the standard of care and recognizing a breach is crucial. At McNabola & Associates, LLC, located in the heart of Chicago, IL, our experienced personal injury attorneys are dedicated to helping you navigate the complexities of medical malpractice claims. We offer comprehensive legal support to ensure that your rights are protected and that you receive the justice you deserve. Contact us today at (312) 888-8700 to schedule a consultation and take the first step towards holding healthcare providers accountable for their actions. Let us help you achieve peace of mind and the compensation you need to move forward.