Chicago Surgical Error Lawyer

Fighting for Patients Harmed by Preventable Surgical Mistakes in Chicago

Surgical errors can be devastating, especially as medical professionals are in a position of trust. A Chicago surgical error lawyer from Rosenfeld Injury Lawyers advocates aggressively for injured patients, ensuring they receive the financial compensation they need to heal. 

Whether you suffered from wrong-site surgery at UChicago Medicine or anesthesia errors at Northwestern Memorial Hospital, our compassionate medical malpractice attorneys are here for you. Contact us today for a free consultation. 

Medical Negligence Settlements & Verdicts Recovered by Our Chicago Law Firm

$4,900,000: While Anthony recovered from cardiac surgery, medical personnel failed to connect monitors that would have alerted them to life-threatening breathing issues. He passed away, and his family sued the hospital for leaving patients without vital care. 

$1,899,000: Shelby was receiving a routine procedure when the surgical team left foreign objects in her abdominal cavity, resulting in severe complications. We demonstrated that the operating team had failed to follow proper procedures for checking for surgical tools. 

What Makes Us the Best Surgical Error Attorneys in Chicago

Our top-rated medical malpractice attorneys in Chicago have earned a spot in the Million Dollar Advocates Forum, having secured over $450 million for injury victims nationwide. We are proud members of the American Association for Justice and regularly contribute to the National Law Review, particularly on cases around professional negligence. 

What Are Common Surgical Errors?

Surgical errors can encompass a wide variety of issues, all of which can result in serious injuries or death. Common surgical errors include:

• Wrong-person, wrong-procedure, wrong-organ, and wrong-site surgeries
• Retained foreign objects, including surgical instruments and sponges
• Unnecessary surgeries, particularly exploratory surgeries
• Nerve damage or organ damage due to incompetent surgeons
• Incorrect administration of injectable medications
• Anesthesia errors, including overdoses or application to the wrong body part
• Laparoscopic and robotic surgical errors
• Post-operative infections due to inadequate hygiene
• Failure to address internal bleeding and intraoperative complications
• Inadequate post-surgical monitoring

What Are the Most Common Causes of Surgical Mistakes in Chicago?

Surgical errors often result from human error or negligent operating procedures. These can include:

• Miscommunication in the operating room
• Inadequate pre-op planning
• Marking the wrong body part before surgery
• Fatigue or impairment of medical professionals
• Poorly trained or supervised residents in teaching hospitals
• Defective or poorly maintained operating room equipment
• Failure to identify potential issues during initial consultations

What Serious Injuries Are Associated With Surgical Errors?

Medical malpractice cases can have lifelong consequences for victims. Common injuries associated with surgical errors include:

• Permanent disability, including paralysis or loss of organ function
• Internal organ loss, such as the liver, kidneys, bowels, or reproductive organs
• Severe infections, sepsis, and amputations
• Brain damage from anesthesia errors
• Wrongful death

What Damages Can Injured Patients Recover in Chicago?

Our experienced attorneys will fight for full compensation based on the serious harm you suffered. Damages in a medical malpractice suit can include:

• Past and future medical bills
• Lost wages and loss of future income
• Physical pain and suffering
• Emotional distress
• For fatal surgical errors, wrongful death damages

What Is the Average Payout for Surgical Error Cases in Chicago?

The average payout for a surgical error claim is $4,121,201. Payouts range between $95,690 and $56,000,001. Your compensation for a medical malpractice claim will depend on the available evidence, liability, and whether you suffered temporary or permanent disability. 

Example Surgery Mistake Cases Filed in Cook County

Idalia Corcoles, 39, was receiving liposuction and an abdominoplasty, also known as a tummy tuck, at 63rd Laser & Skin Clinic in Chicago. While in post-operative care, Corcoles’ condition deteriorated, with clear signs of internal bleeding. Her physician, Dr. Ayoub Sayeg, did not perform a basic abdominal exam for four hours until an ambulance was called. She passed away from her injuries, and her family was awarded $56,000,001.00. 

Veranda Williams, 26, was admitted to Northwestern Memorial Hospital for an exploratory laparoscopic procedure to investigate pelvic pain. Dr. Irene Moy, a gynecology resident, inserted a trocar to initiate the procedure. Failure to follow proper procedures resulted in the trocar severing the right common iliac artery and vein. Williams suffered massive blood loss and required two emergency procedures. She developed abdominal adhesions that caused chronic pain and increased the risks of future abdominal surgeries. The Cook County Circuit Court awarded her $8,718,848.00. 

Why You Need a Chicago Surgical Error Attorney

Medical malpractice lawsuits are complicated, as they require careful investigation of medical records and consultations with medical experts who can attest to deviations from the accepted standards of care. Additionally, attorneys must review medical malpractice laws and file claims with the appropriate Cook County courts

Doctors, hospitals, and insurance companies will aggressively deny liability, but our attorneys have a proven track record of success in litigating surgical error cases. With our attorneys at your side, you have a better chance of recovering fair compensation. 

How Common Are Surgical Mistakes?

A 2013 literature review suggests that 400,000 annual deaths are the result of medical errors. A 2021 CDC reportconcluded that medical errors are the fourth most common cause of death. In 2022, wrong-site surgery accounted for 6% of all sentinel events reviewed by the Joint Commission. 

Harvard University found that one-third of all surgical patients suffered complications, most of which could have been prevented. Unfortunately, many medical professionals will refuse to disclose surgical errors due to embarrassment, fear, or concerns about litigation. 

Where Do Surgical Errors Occur Most Often in Chicago?

Common locations where surgical errors occur include:

• Teaching hospitals, including Rush University Medical Center, Northwestern Memorial Hospital, and UChicago Medicine
• Community hospitals with large surgical caseloads, such as Alexian Brothers or Northwest Community Hospital
• Outpatient surgical centers in the River North, Andersonville, and South Loop neighborhoods

What Laws Govern Surgical Malpractice Claims in Illinois?

The Illinois Healing Arts Malpractice Act (735 ILCS 5/2‑622) allows surgical error victims to sue for damages, while the Wrongful Death Act allows families to sue for damages if their loved one dies as a result of a surgical error (740 ILCS 180/). 

Before filing a lawsuit, you must have an affidavit from a licensed healthcare professional who can attest to professional negligence (735 ILCS 5/2-622). 

The Joint Tortfeasor Contribution Act means that more than one party can be held liable for an accident, so you can sue both the healthcare professional and other parties, like medical manufacturers (740 ILCS 100/2). 

However, liability in these cases can quickly become complicated due to the collaborative nature of medicine. In Forsberg v. Edward Hospital and Health Services, the plaintiff underwent abdominal surgery, then developed complications due to a retained surgical sponge. The surgeon successfully diminished his liability by insisting that he had relied on the circulating nurse’s sponge count, which had been incorrect. 

Courts like the Circuit Court of Cook County will also rely on the “common knowledge” doctrine, which means that juries do not need professional expertise to identify obvious problems. This was apparent in the Forsberg case, as juries did not need to be told that a retained sponge would result in issues for the patient.

How Long Do I Have to File a Medical Negligence Claim in Chicago?

Patients have two years to file a lawsuit, with a statute of repose of four years (735 ILCS 5/13-212). For patients under the age of 18, they have up to their 22nd birthday to file. 

Wrongful death claims have two years from the date of death (740 ILCS 180/). 

Who Is Legally Liable for Surgical Injuries in Chicago?

Potentially liable parties can include:

• Surgeons and surgical teams
• Anesthesiologists and nurse anesthetists
• Hospitals and surgical centers
• HMOs and other care management organizations
• Medical device or equipment manufacturers, in cases of product liability

Common Defenses in Cases Involving Surgical Negligence

Insurance companies will strenuously fight liability to avoid paying you fair compensation. Thankfully, our experienced attorneys are highly skilled in countering their defenses, which can include the following.

Known Surgical Errors: The insurer may argue that the complications are common and cannot be avoided. We will consult with experts who can explain that the issue was preventable with better care.

Underlying Conditions: In some cases, particularly those with anesthesia issues or post-surgical complications, the insurer will claim that your preexisting conditions resulted in the issue, not negligence. However, we can review your medical records to show that it was malpractice, not preexisting conditions, that caused the problem.

Contributory Negligence: The hospital could argue that you did not follow post-op instructions and thus caused the issue. However, we can use authoritative surgical guidelines, hospital records, and expert testimony to disprove this.

How to Strengthen Your Surgery Error Case

Prompt action is crucial to winning a medical malpractice claim. Follow these steps as soon as possible.

• Seek follow-up care from a trusted healthcare provider.
• Obtain operative reports, anesthesia records, and hospital incident reports.
• Preserve any surgical instruments that were used during the procedure.
• Get an independent surgical review as soon as possible.
• Document your expenses, time off work, rehab needs, and long-term disability.

How a Chicago Surgical Error Attorney Can Help

Our firm will navigate the complex Cook County litigative procedures, allowing you to focus on recovery. We will thoroughly examine all operating room procedures and uncover issues with the hospital system through our collaborations with top surgical experts. By relying on authoritative medical literature and analyzing incidence reports at the hospital, we can demonstrate a pattern of negligence that contributed to your suffering. 

We have a proven track record of success in medical malpractice negotiations, forcing hospital systems and insurers to pay their fair share. While many cases settle out of court, we prepare each case as if we will go to trial, which allows us to file claims and provide top-notch trial representation if necessary quickly. 

FAQs

Do all surgical errors constitute medical malpractice?

No, not all surgical errors are malpractice. It must be demonstrated that the patient suffered harm as a result of the error and that the care received deviated from accepted medical standards for that procedure. 

For example, if the patient experienced an adverse reaction from anesthesia that was due to a previously unknown allergy, this would not be considered malpractice but an unforeseen outcome. Another example of an error that may not be malpractice would be if the doctor had to make a wider incision because of challenges in accessing the organ, and this resulted in additional pain or a larger scar. 

Can I seek compensation if I signed a consent form?

Yes, a Chicago surgical error lawyer can pursue compensation even if you signed a consent form. Informed consent refers to explaining what the procedure involves, what potential complications may arise, and the long-term risks of the procedure. However, it does not dismiss a surgeon from all liability. They can still be held accountable if they failed to uphold the standard of care, such as operating on the wrong body part or administering too much anesthesia. 

What evidence do I need to support my case?

You must demonstrate that you had an existing relationship with the provider, who then failed to uphold the standard of care. For example, the surgeon may have operated on the wrong part of the body or caused nerve damage. 

This must also be confirmed by an affidavit of merit, provided by a licensed professional. Lastly, you must prove that your injuries resulted from the surgical errors and that you suffered damages as a result of the medical malpractice. 

Who can file a surgical error claim in Illinois?

Victims of surgical errors, including parents of minor children, can file a claim. For fatal surgical errors, the next of kin can file a wrongful death claim. 

How much does a surgical error attorney cost in Chicago?

We take medical malpractice cases on a contingency fee basis: no fees unless we win. This reduces the financial risk and ensures everyone can afford an award-winning attorney. 

Book a Free Consultation With a Chicago Surgical Error Lawyer Near You!

Rosenfeld Injury Lawyers provides trusted legal guidance to malpractice victims in Chicago, Cook County, and Illinois as a whole. We work on a contingency fee basis, meaning you owe us nothing unless we win your claim. Contact a Chicago personal injury attorney by calling (888) 424-5757 or use our online contact form for a free consultation about your legal rights after surgical mistakes. 

Specific Cases We Handle

• Anesthesia Error Lawyer
• Botched Circumcision Lawsuit
• Doctor Sexual Abuse Lawyer
• Chicago Emergency Room Negligence Lawyer
• Chicago Hospital Patient Fall Lawsuit

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 Chicago, Evanston, Naperville, 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.