Malpractice happens when a professional fails to do their job properly, and it causes harm to someone. This usually means they didn’t follow the standard rules or didn’t act the way a responsible person in their field should. It’s not just about making mistakes—it’s about being careless or acting wrongly in a way that hurts someone.
Understanding malpractice is important because it helps people protect themselves. If you know what it looks like, you’ll be more aware of when something doesn’t feel right. Whether you’re visiting a doctor, hiring a lawyer, or working with a financial advisor, knowing your rights can help keep you safe.
Malpractice can seriously affect your life. It can lead to physical injuries, financial losses, and emotional stress. Knowing how to recognize it and what to do next is key if you ever find yourself in that situation.
At Phillips Law Offices, our experienced medical malpractice attorneys have the knowledge, resources, and commitment to handle cases ranging from minor injuries to catastrophic harm or wrongful death. We have decades of experience representing victims of medical negligence throughout Chicago, helping clients recover compensation for medical expenses, lost wages, pain and suffering, and other damages.
Our team works closely with trusted medical experts and investigators to thoroughly evaluate each claim and pursue the maximum compensation possible. If you or a loved one has suffered due to medical malpractice, contact us for a free consultation-our Chicago medical malpractice lawyers are ready to advocate for your rights and fight for the justice you deserve
What Is Malpractice?
Malpractice means a professional didn’t do their job the way they were supposed to, and someone got hurt because of it. This usually happens in jobs where people are expected to follow certain rules—like doctors, lawyers, or accountants. If they break those rules or act carelessly, and you suffer because of it, it might be malpractice.
It’s different from general negligence. Negligence can happen with anyone, like if someone forgets to put a wet floor sign and you slip. Malpractice is more specific and involves professionals who are trained and licensed to do a job the right way. It’s when they don’t meet the standard of care their job requires.
Malpractice happens in many fields. A doctor might misdiagnose an illness. A lawyer might miss a deadline and ruin your case. An accountant might mess up your taxes and cause legal problems. All of these can seriously affect your health, money, or legal rights.
Types of Malpractice
Medical malpractice is one of the most common types. This happens when a doctor, nurse, or hospital makes a serious mistake—like giving the wrong medicine, performing the wrong surgery, or failing to diagnose a serious illness. These errors can cause long-term harm or even death.
Legal malpractice happens when a lawyer doesn’t do their job properly. This might include missing important court dates, failing to gather evidence, or giving bad legal advice. If this mistake causes a client to lose their case or money, it can be considered legal malpractice.
There are other types, too. Accountants can commit malpractice by making errors on taxes or hiding money wrongly. Therapists or counselors can cross professional boundaries or give harmful advice. Any licensed professional can be held responsible if they fail to do their job correctly and someone is harmed.
Common Causes of Malpractice
Misdiagnosis or failure to diagnose
One common cause of malpractice is misdiagnosis or failure to diagnose. In healthcare, this could mean a doctor misses signs of a serious illness, leading to delayed treatment or worse outcomes. In law, it could mean not recognizing a legal issue that needs attention.
Breach of fiduciary duty
Another cause is a breach of fiduciary duty. This means the professional didn’t act in the client’s best interest. For example, a financial advisor might suggest a risky investment that helps them make money but hurts the client. This breaks the trust that’s supposed to exist.
Poor communication or documentation
This also leads to problems. Doctors may fail to write down a patient’s symptoms correctly. Lawyers might forget to update their client or send the right paperwork. Mistakes like these can cause confusion and lead to serious consequences.
Incompetence or unethical behavior
It plays a big role. Some professionals may not have enough training or may act dishonestly. If someone cuts corners, lies, or hides information, they’re putting their client or patient at risk—and that can be malpractice.
Signs You May Be a Victim of Malpractice
You might be a victim of malpractice if something just doesn’t feel right. For example, if your doctor ignores your symptoms or your lawyer never returns your calls, those can be red flags. If a professional’s mistake caused you harm, that’s a sign you should look closer.
Look at how the professional handled your situation. Were there missed steps, rushed decisions, or major delays? Did you feel pressured into doing something you didn’t understand? These are warning signs that they may not have been acting the way a trained professional should.
It’s important to gather proof if you suspect malpractice. Save emails, take notes, and keep all paperwork. If it’s medical malpractice, write down dates, symptoms, and conversations with doctors. The more information you have, the better your chances of proving your case later.
What Should You Do If You Suspect Malpractice?
If you think you’ve been harmed by a professional’s mistake, don’t ignore it. Start by writing everything down, including what happened, when it happened, and who was involved. These details will help you later if you decide to take action.
Next, reach out to the right people. You can contact licensing boards to report the issue. For example, if it’s a doctor, the state medical board may investigate. You should also consider talking to a lawyer who handles malpractice cases to get legal advice.
Getting a second opinion is often helpful. Another professional can look at your situation and tell you if something was done incorrectly. This can give you a clearer picture and help support your claim.
Filing a Malpractice Lawsuit
Filing a lawsuit starts with talking to a lawyer who knows how to handle malpractice cases. They will review your situation and tell you if you have a strong case. They can explain the legal steps in plain language so you know what to expect.
There’s a time limit for filing a malpractice claim. This is called the statute of limitations. It’s different depending on where you live and the type of malpractice. That’s why it’s important to act quickly if you suspect something went wrong.
Your lawyer will gather evidence, file paperwork, and possibly take the case to court. If the professional is found guilty of malpractice, you may get money for your losses. This could include medical bills, lost wages, pain and suffering, and more.
How to Find the Right Malpractice Lawyer
Finding the right lawyer can make a big difference. Start by asking if they’ve handled cases like yours before. Experience matters when it comes to malpractice because the rules can be complex.
Ask about their success rate, fees, and how they communicate with clients. A good lawyer should be honest and make you feel comfortable. They should answer your questions clearly and take time to understand your case.
You might find lawyers locally or through a national law firm. Local lawyers often know the area’s courts and judges well, while larger firms may have more resources. Choose someone who seems committed and ready to fight for you.
Preventing Malpractice
For professionals, the best way to prevent malpractice is to follow proper training and ethical guidelines. This means staying updated with new information in their field, keeping clear records, and always putting the client or patient’s needs first.
Communication is key. Professionals should take time to explain things, answer questions, and listen carefully. Being respectful and careful in every step of their work helps prevent mistakes that could turn into serious problems.
For clients and patients, ask questions and stay involved. Don’t be afraid to speak up if something doesn’t make sense. Keep your own records and don’t sign anything you don’t understand. Being informed helps you stay safer and catch problems early.
Speak to Our Medical Malpractice Lawyer Near You
If you think you’ve been harmed by a doctor or hospital mistake, our team at Phillips Law Offices is here to help. We have experienced medical malpractice lawyers right here in Chicago who understand how to handle these cases.
We can review your case, explain your options, and help you decide what to do next. Whether your injury was caused by a misdiagnosis, surgery error, or any other mistake, we want to hear your story.
Our goal is to help you get answers and fair compensation. Call us today to schedule a free consultation with a Chicago malpractice lawyer who’s ready to stand by your side.
Interesting Reads:
Is Medical Malpractice a Personal Injury Lawsuit?
Illinois Medical Malpractice Statute Of Limitations
How To Find Medical Malpractice Lawyer Near Me?
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