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How Can I Prove Medical Malpractice?

 Posted on May 21, 2024 in Medical Malpractice

Decatur, IL medical malpractice lawyerMedical malpractice — which is when a medical professional causes injury to a patient — is the third most common cause of death in the United States. Nearly 20,000 medical malpractice claims are filed each year, and medical errors are reported to cause 9.5% of all U.S. deaths annually. In 2022, the State of Illinois paid out $222 million for medical malpractice claims.

But even though it is not uncommon, medical malpractice is hard to prove without the help of an experienced Illinois medical malpractice attorney. This article will discuss some of the ways to prove that an injury was due to medical malpractice.

The Standard of Care Was Violated

Standard of care is a legal term that refers to the basic level of care expected from health professionals. It is what any qualified caregiver would be expected to do in a given circumstance. If you want to claim medical malpractice, one of the things you need to prove is that the medical professional breached the standard of care.

Recklessness or Negligence

If you want to prove medical malpractice you should show that the professional was reckless, which means he or she took an unnecessary risk, knowing the dangers. Or, you can show that he or she was negligent and did not take a reasonable amount of care to avoid injury. Examples of negligence include:

  • Failing to diagnose a condition

  • Misdiagnosing a condition without checking the symptoms

  • Delaying a diagnosis

  • Performing a surgery very improperly

Proximate Cause

Proximate cause is one of the most crucial parts of a medical malpractice case. You need to prove that the injury was caused by the medical professional’s negligent or reckless actions. If your injury could have happened any other way, then your case will be significantly weakened.

Lack of Informed Consent

By law, medical professionals have to get informed consent from patients for certain procedures. If you can show that you did not give informed consent and were injured as a result of the procedure, you may have a medical malpractice claim.


To prove medical malpractice you need to have strong supporting evidence, which your attorney will help you gather. Examples of such evidence include:

  • Documents

  • Expert testimony from other medical professionals

  • Communication records

Contact a Decatur, IL Medical Malpractice Attorney

There are many elements to a medical malpractice claim and a lot of evidence is needed to show that an injury was caused by malpractice. A skilled Springfield, Illinois medical malpractice lawyer will investigate your injury and the circumstances leading up to it. He or she will help you gather the evidence and use it to build a strong case.

That is why you should choose Kanoski Bresney to handle your medical malpractice case. We will leave no stone unturned when it comes to proving your claim and we will spare no effort to get you the maximum compensation possible. Call 888-826-8682 for a free consultation today.

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