Medical Malpractice

Fighting for Injured Victims’ Rights to Recover Financial Compensation

Chicago medical malpractice lawyer representation is essential when you or a loved one has been harmed by medical negligence. At Rosenfeld Injury Law, we bring decades of experience and a proven track record of recovering millions for our clients.

Our team is dedicated to fighting for the rights of injured patients and their families, working tirelessly to secure the financial compensation they deserve. Below are some of the settlements we’ve achieved for victims of medical malpractice in Chicago.

• $12,000,000 settlement for a surgical error during cardiothoracic surgery that led to brain injury and the amputation of a patient’s lower leg.
• $7,500,000 settlement for the wrongful death of a 34-year-old mother during childbirth, caused by an OB-GYN and nurses failing to diagnose and treat life-threatening hemorrhaging.
• $5,000,000 settlement for the delayed diagnosis of lung cancer in a 55-year-old woman, where doctors overlooked a growth visible on x-rays for over two years.

Understanding Medical Malpractice in Illinois

Medical malpractice occurs when a health care provider’s actions or failure to act deviate from accepted standards of care, resulting in harm to the patient. This may involve surgical errors, misdiagnosis, medication mistakes, or inadequate follow-up care.

To qualify as malpractice, it must be shown that negligence caused personal injury and led to damages like medical expenses or pain and suffering.

Illinois law (735 ILCS 5/2-622) requires an Affidavit of Merit for medical malpractice lawsuits. A qualified medical professional must confirm there is reasonable evidence of negligence.

Additionally, claims must generally be filed within two years of discovering the injury, with a maximum of four years from the date of malpractice. Scheduling a free consultation with an experienced Chicago medical negligence attorney is essential to ensure case success.

Types of Medical Negligence and Malpractice in Chicago

At Rosenfeld Injury Law, we are experienced in several areas of medical malpractice cases. Depending on the specifics of your case, you can hire the following types of experts from our legal team:

• Chicago Birth Injury Claim Lawyer: Birth injuries can have lifelong consequences for children and their families. If a child has been harmed due to negligent prenatal care or mistakes during childbirth, we can hold responsible parties accountable.
• Chicago Anesthesia Error Attorney: Mistakes made during the administration of anesthesia can result in severe complications, including brain injuries or death. We are experienced in handling cases involving anesthesia-related malpractice to seek fair compensation for victims.
• Chicago Medical Misdiagnosis Lawyer: Misdiagnosis or delayed diagnosis can prevent proper treatment and worsen a patient’s condition. We pursue claims to address the harm caused by a failure to provide accurate and timely diagnosis.
• Chicago Delayed Diagnosis Claim Attorney: A delayed diagnosis often means a serious condition progresses unchecked, causing avoidable suffering. We assist clients in proving that delayed care led to further injury and damages.
• Chicago Emergency Room Error Lawyer: Emergency rooms are fast-paced environments, but this does not excuse negligent care. We handle cases involving errors such as misdiagnosed conditions or failure to properly evaluate a patient.

• Chicago OB/GYN Malpractice Attorney: OB/GYN mistakes can lead to significant injuries during pregnancy, labor, or postnatal care. We represent families affected by negligence to help them seek accountability and compensation.
• Chicago Hospital Patient Fall Lawsuit Attorney: Falls in hospitals often occur due to inadequate supervision or unsafe conditions. If you or a loved one suffered a preventable fall while under hospital care, we can investigate and pursue a claim.
• Chicago Pharmacy Error Lawyer: Pharmacy mistakes and medication errors, such as dispensing the wrong medication or dosage, pose serious risks to patients. With our assistance, clients can address the harm caused by these avoidable errors.
• Chicago Surgical Error Attorney: Surgical errors can cause lasting harm. We work to prove negligence and obtain appropriate compensation for the physical and emotional toll these mistakes can cause.
• Chicago Wrongful Death Lawyer: If medical negligence results in a loved one’s death, families may pursue a wrongful death claim. We provide compassionate guidance to help families seek justice and financial recovery.

By working with Rosenfeld Injury Law, victims of medical malpractice in prominent Chicago hospitals can take steps to pursue justice and secure compensation for their injuries.

The Cook County, IL Hospitals

Cook County, Illinois, is home to numerous hospitals and medical centers that provide essential care to residents and visitors. Below is a comprehensive list of hospitals located in Cook County:

• Rush University Medical Center
• Holy Cross Hospital
• South Shore Hospital
• Northwestern Memorial Hospital
• Kindred Hospital Chicago North
• Trinity Hospital
• Swedish Hospital
• Loretto Hospital
• University of Chicago Medical Center
• Shriners Hospital for Children
• Thorek Memorial Hospital
• University of Illinois Hospital
• Resurrection Medical Center
• Roseland Community Hospital
• St. Anthony Hospital
• St. Bernard Hospital
• Provident Hospital of Cook County
• Shirley Ryan AbilityLab
• Thorek Memorial Andersonville
• Jackson Park Hospital Medical Center
• Schwab Rehabilitation Center
• Community First Medical Center
• Weiss Memorial Hospital
• Insight Hospital & Medical Center Chicago
• Ascension Saint Mary
• Lurie Children’s Hospital
• John H. Stroger Jr. Hospital of Cook County
• Mount Sinai Hospital
• Hartgrove Hospital
• Kindred Chicago Lakeshore

If you have any questions or concerns regarding medical malpractice at any of these facilities, don’t hesitate to contact Rosenfeld Injury Law for a free consultation.

Common Causes of Medical Malpractice in Chicago Hospitals

The causes of medical malpractice often stem from underlying issues of the healthcare system, human errors, and various other factors. Here are some key reasons why medical malpractice occurs:

• Inadequate Training or an Inexperienced Healthcare Provider: This can happen when a hospital employs inexperienced doctors or other healthcare providers or fails to offer ongoing education to keep staff updated with medical standards and practices.
• Communication Failures: Effective communication is essential in medical care, yet breakdowns between team members are frequent. Misunderstandings regarding patient symptoms, test results, or medical treatment plans often lead to delays or errors in care that can negatively impact the patient.
• Understaffing: Hospitals struggling with a shortage of healthcare workers often experience increased workloads for staff, leading to oversights or rushed decisions. Facilities have faced challenges ensuring sufficient staffing as patient volumes have reduced, leading to significant cuts.
• Fatigue From Being Overworked: Healthcare workers pulling long shifts in hospitals may suffer from fatigue, impairing their judgment or ability to deliver care. Overworked staff may make harmful errors.
• Lack of Standardized Protocols in Medical Facilities: When hospitals fail to establish clear guidelines for diagnoses or treatments, it increases the likelihood of mistakes or mismanagement of a patient’s condition.

• Failure to Consult Specialists: General practitioners sometimes fail to bring a specialist into a case when a condition requires advanced expertise. This oversight can delay appropriate treatment, worsening outcomes for patients.
• Documentation Errors by Medical Providers: Errors in patient records, such as inaccurate test results or missed updates about allergies, can cause significant harm. These documentation mistakes can lead to incorrect treatments and have long-lasting consequences.
• Technological Issues: Faulty equipment, outdated tools, or improper use of technology in medical settings can all contribute to malpractice incidents. These issues can occur at facilities when staff do not receive adequate training on hospital technologies.
• Ignoring or Misinterpreting Symptoms: Healthcare providers sometimes dismiss or incorrectly interpret symptoms, leading to a misdiagnosis or delayed treatment.
• Personal Bias or Assumptions: Biases or snap judgments by healthcare providers can result in unequal treatment or neglect of underlying health conditions. Failing to objectively assess a patient’s needs jeopardizes the quality of care they receive.

Core Elements of a Medical Malpractice Claim

If you intend to file a medical malpractice lawsuit, you are generally required to prove the defendant was negligent. Proving medical negligence requires showing the following four elements:

• Duty: Your Chicago law firm first needs to demonstrate that the medical professional owed you a duty of care. This is usually done by showing that a doctor-patient relationship existed.
• Breach: Next, you must prove a breach of this duty. This can be done by showing the doctor (or other healthcare provider) did something that another reasonably competent practitioner would not have done under the same or similar circumstances.
• Causation: The next element that must be established is causation – a direct link between a healthcare professional’s breach and your injury.
• Damages: Finally, there must have been actual damages. Examples include medical expenses or lost income.

How a Chicago Medical Malpractice Lawyer Can Help

A Chicago medical malpractice law firm plays a pivotal role when it comes to handling medical malpractice cases. Here’s how a law firm can help you after experiencing medical negligence:

• Investigate your claim
• Determine if you have a malpractice case
• Calculate damages
• Negotiate with insurance companies
• Take the case to trial if necessary
• Provide peace of mind

Our attorneys specialize in malpractice cases involving doctors or other medical professionals and can provide valuable guidance in these complex medical negligence cases. We will go above and beyond to ensure you receive justice and recover compensation.

The Time Limits for Filing a Medical Malpractice Claim in Illinois

Under the Illinois medical malpractice statute of limitations, 735 ILCS 5/13-212, you need to file your claim within two years from the date of your personal injury or from when you should’ve reasonably learned of the negligent act causing your injury. Wrongful death claims in Cook County and Illinois generally also have a deadline of two years.

However, in almost all cases, you must file your claim within 4 years, no matter when you learned of it. This is known as the statute of repose. This means that if you learn that negligence caused you injury 5 years after the incident, you won’t be able to file a claim for compensation.

In cases where the injured patient was a minor at the time, the deadline is extended to 8 years from the date of the injury. However, the injured minor must file a claim by the time they turn 22 years old. This means if a minor is injured when they’re 17 years old, they do NOT have 8 years. They would only have until they turn 22.

Medical Malpractice Damages Awarded in Illinois Cases

In a medical negligence case, there are several different types of damages you can recover. They typically fall into the following categories.

Economic damages are tangible financial losses resulting from medical malpractice. Some of the most common examples include:

• Medical bills
• Lost wages
• Loss of earning capacity
• Medical costs related to future care

Non-economic damages compensate for intangible losses and suffering caused by malpractice. Examples include:

• Physical pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium

Punitive damages are awarded to punish the defendant for particularly egregious conduct and to deter similar behavior in the future.

Compensation for wrongful death is awarded when a doctor or facility fails to follow medical standard, and this negligence leads to a patient’s death. Wrongful death damages include:

• Funeral and burial expenses
• Future lost income and financial support
• Emotional suffering of survivors

Our experienced medical malpractice attorneys can help assess and quantify these damages.

The Timeline of a Medical Malpractice Case

Understanding the steps involved in a medical malpractice case can help victims make informed decisions during what is often a stressful experience. Below is an outline of the typical stages in the legal process:

Initial Case Steps: The process often begins with gathering essential information. This includes obtaining medical records from the facility, consulting with medical professionals, and speaking to witnesses who may have relevant information. If it appears the case has merit, a Chicago medical negligence lawyer will file a medical malpractice lawsuit in the appropriate court.

• Discovery Process: During the discovery phase, both parties collect and exchange evidence to strengthen their arguments. This may involve requesting documents, depositions of witnesses and experts, and seeking court intervention if the other party is uncooperative.
• Insurance Process: After the case is filed, the defendant’s insurance provider typically steps in to review the claim. Insurance adjusters often reach out to the plaintiff for information, but it is generally advised to consult with a medical malpractice lawyer before engaging in direct communication.
• Settlement Negotiations: Many cases are resolved through settlement if both parties agree on compensation. Settlements often take several months to negotiate. However, if an agreement cannot be reached or the claim is denied, the case may move to trial.
• Trial: If the case proceeds to trial, both sides will present their evidence to the court. This may include testimony from expert witnesses, details of medical practices, hospital policies, and documentation such as hospital records or photographs.

What to Do as a Victim of Medical Negligence or Malpractice in Chicago

If you believe you’ve suffered from medical negligence or malpractice in Chicago, your first step is to get any necessary medical treatment and keep detailed records of your care. It’s important to document everything, from your medical records to any conversations with healthcare providers, so you can use it as evidence later.

Once you have your records, contact an experienced personal injury lawyer who understands Chicago’s medical malpractice laws. Taking these steps can protect your rights and help you get the compensation you deserve.

The Cost of Hiring an Experienced Medical Malpractice Attorney in Chicago, IL

Hiring an experienced Chicago medical malpractice lawyer may sound intimidating and expensive. Fortunately, our attorneys operate on a contingency fee basis, making our services affordable and accessible to all who need them.

Under this payment structure, you don’t pay anything upfront, and you won’t pay us unless we win or settle your case. If the case is successful, our medical negligence lawyers in Chicago receive a percentage of the settlement or verdict. This means money never has to come directly out of your pocket.

Parties That Can Be Held Liable in Illinois Medical Malpractice Cases

A successful medical malpractice claim means determining who should be held liable. Several potential defendants could be named in this type of lawsuit.

Doctors and Nurses

Doctors can be held responsible for issues like misdiagnosis, medical mistakes during a medical procedure, or incorrectly managing post-operative medical care. Nurses can be liable if they administer the wrong medications, provide inadequate patient supervision, or fail to relay important information to doctors or other medical professionals.

Hospitals

Institutions might bear responsibility through vicarious liability. They may also be accountable for systemic issues like insufficient staffing, lack of appropriate training, or lack of necessary protocols.

Medical Staff

Another healthcare professional, like a radiologist, anesthesiologist, or physician’s assistant, can also carry liability if their negligence contributed to patient harm.

Pharmacists

A pharmacist can be guilty of malpractice if they dispense incorrect medication or provide the wrong dosage. They could also be held liable if they fail to warn patients of possible risks from medications.

Dentists

Dentists can also be held liable for malpractice, which could arise from complications during a dental procedure or an incorrect diagnosis.

Psychiatrists

Psychiatrists may face liability in cases such as misdiagnosis, inadequately addressing or treating a medical condition, wrongly prescribing medication, or failing to recognize and appropriately respond to a patient’s risk of self-harm or harm toward others.

Evidence Needed to Support a Medical Malpractice Claim

Gathering the right paperwork can help your attorney build a strong case. Here are some important documents to collect:

• Medical Bills: Keep all expenses related to your injury, such as bills from your emergency room visit and appointments with medical professionals.
• Prescription Records: If prescription medications worsened or contributed to your injury, hold on to your pharmaceutical records, as they may be vital in your case.
• Proof of Lost Wages: If your injury caused you to miss work, gather your pay stubs and tax returns to show the income you lost.
• Insurance Documents: Keep any paperwork related to your health insurance. These records can reveal if you were unfairly denied coverage or overbilled, and our team can analyze them for you.
• Medical Records: It’s essential to obtain your complete treatment records from whichever hospital you went to, as they provide proof of your injury and treatments received.
• Photographs of Your Injury: Photos documenting your injuries and treatments can serve as strong visual evidence in court.
• Personal Account of the Incident: Write down everything you remember about the injury and how it occurred as soon as possible. Also, write about how it has affected your life. This can help capture details you may forget over time.

If you’re looking for lawyers in Chicago for medical malpractice, we’re here to help you build your case from the ground up and seek the compensation you deserve.

Statistics of Medical Malpractice and Negligence

Medical malpractice and negligence statistics reveal how widespread these issues are. Cook County and Illinois, in general, are no exception.

• From 2014 to 2023, United States medical providers paid $39.455 billion in medical malpractice claims
• Illinois ranks fourth amongst states with the highest malpractice payouts.
• In 2020, insurance companies in Cook County paid out almost 450 million dollars in medical malpractice claim payments, with an average payment of $621,642
• In 2023, the state of Illinois received 1,505 adverse action reports and paid out 470 Illinois medical malpractice claims
• In 2024, the state received 1,150 adverse action reports and paid out 434 medical malpractice claims.

If you’ve been injured as a result of medical negligence, you’re never just another statistic to us. Reach out to Rosenfeld Injury Law to talk to some of the best medical malpractice lawyers in Chicago.

FAQs About Medical Malpractice and Negligence in Chicago

Does every medical mistake qualify as malpractice?

Not every medical mistake qualifies as malpractice. A simple error or an adverse outcome doesn’t automatically mean a doctor or hospital was negligent. The four elements of negligence must be shown, and the mistake must have occurred as a result of the doctor or facility operating under the standard of care.

Does misdiagnosis always qualify as malpractice?

Misdiagnosis can be difficult to prove as malpractice unless you can establish that the physician’s error substantially deviated from accepted medical practices and directly resulted in harm. Not every mistaken diagnosis will meet this legal standard.

Is my child’s cerebral palsy diagnosis due to medical malpractice?

Determining whether your child’s cerebral palsy is due to medical malpractice requires a careful review of the case, including how care was provided during labor or delivery. Cerebral Palsy is not always a result of malpractice. Experts can help evaluate if there was a deviation from accepted medical protocols.

How can I tell if I’ve experienced medical malpractice?

You might have experienced medical malpractice if the care you received fell below the standard expected and caused you harm, but it’s important to gather evidence such as records and independent expert opinions. Consulting an experienced Chicago medical malpractice attorney can help you assess your situation.

Who can file a medical malpractice lawsuit?

In general, anyone who has been directly harmed by a healthcare provider’s negligence can file a medical malpractice lawsuit, including the injured individual or their surviving family members in wrongful death cases.

What steps should I take to file a medical malpractice claim?

If you believe you have a malpractice claim, start by gathering all relevant treatment records, bills, and documentation of your injuries. Then consult a top medical malpractice attorney in Chicago to review your case. Once your case is filed, your legal team will work on proving the breach of care and its link to your damages.

What happens after I file a medical malpractice claim?

After you file a medical malpractice claim, your Chicago medical malpractice attorney will continue to gather evidence, including hospital records and expert testimonials, to build a strong case.

The process typically moves into discovery, where both sides exchange information, and then may lead to settlement negotiations with the other party. If a fair agreement isn’t reached, your case could proceed to trial, where all the evidence will be presented before a judge or jury.

What obstacles might I encounter in a medical malpractice case?

Common obstacles in a medical malpractice case include proving that the health care provider breached their duty of care, obtaining reliable expert testimony, and making sure you calculate the right damages for your injuries.

What legal options do I have if a loved one dies due to medical malpractice?

If a loved one dies due to medical malpractice, you may have the option to file a wrongful death claim to seek compensation for the loss. This legal action can help cover expenses and provide support for the grieving family while holding the responsible party accountable.

How long does it take to settle medical malpractice claims?

The time it takes to settle a malpractice claim after you’ve suffered injuries can vary significantly and must be determined on a case-by-case basis.

However, most cases are influenced by several factors that play a role in their timeline, including the complexity of the case, how long it takes for the plaintiff to realize they are injured, how many medical experts are needed, whether both parties are willing to settle, and how cooperative the hospital is in providing documents.

It’s not unusual for these cases to take up to one year, and in many cases, it could even take several years.

What is the average medical malpractice settlement in Chicago?

In Cook County in 2023, the average medical malpractice payout was $621,642. In 2023, the average payout in the state of Illinois was approximately $670,000. Each case is different, but the current averages are likely around those amounts.

Consult a Chicago Medical Malpractice Attorney Near You!

If you’ve suffered a personal injury or lost a loved one because of the negligence of a medical provider, we understand how frightening and overwhelming it can be. Remember, you have options.

The experienced medical malpractice lawyers at Rosenfeld Injury Law are here to provide you with a free, no-obligation consultation, during which we’ll assess your case and help determine the best course of action. We believe medical malpractice victims deserve compassion, support, and personalized representation.

Book a free consultation by filling out our contact form or calling toll-free at (888) 424-5757.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Buffalo Grove, Decatur, Peoria , Schaumburg and throughout Illinois.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.