Chicago Emergency Room Malpractice Attorney

Compensation for Emergency Room Errors in Chicago

If you or someone you love has been harmed by emergency room mistakes, the Chicago emergency room malpractice attorney team at Rosenfeld Injury Lawyers is here to protect your rights. We represent patients across Cook County who have suffered severe injuries due to medical negligence in emergency rooms. Whether the harm stems from diagnostic errors, delayed treatment, or medication mistakes, our firm fights to hold health care providers accountable.

ER Malpractice Settlements & Verdicts Recovered by Our Chicago Law Firm 

$9,000,000 Settlement – Misdiagnosed heart attack at Northwestern Memorial ER

James R., age 63, went to Northwestern Memorial’s emergency room with severe chest pain. After a brief evaluation, the attending physician discharged him without ordering necessary tests. Hours later, James suffered a fatal heart attack at home. His family secured a $9 million settlement for wrongful death.

$3,000,000 Settlement – Undetected fetal distress at UChicago ER

During an emergency room visit at the University of Chicago Medical Center, Anna M., who was 38 weeks pregnant, reported reduced fetal movement and abdominal pain. Delayed monitoring and a failure to act on clear signs of fetal distress led to a stillbirth. Her family obtained a $3 million settlement.

What Makes Us the Best Emergency Room Error Lawyers in Chicago

Rosenfeld Injury Lawyers is a top-rated Chicago medical malpractice law firm with a proven record of high-value verdicts and settlements in medical malpractice cases. Our attorneys have recovered over $450 million for clients in settlements and verdicts. 

We have successfully represented patients harmed in Chicago’s busiest hospitals, such as Northwestern Memorial, Stroger, and UChicago Medicine. Recognized by Super Lawyers for our results and client advocacy, we combine legal skill, medical knowledge, and compassionate support to help victims of emergency room errors secure maximum compensation.

What Are Common Errors in Chicago Emergency Rooms?

Emergency rooms in Chicago operate in fast-paced environments, but every patient has the right to safe and timely medical care. Common errors that may constitute medical malpractice include delayed or missed diagnosis, such as when a stroke is mistaken for a migraine, medication errors involving the wrong drug or dosage, and failure to identify or treat life-threatening conditions like sepsis. 

Other serious emergency room mistakes involve improper discharge that worsens a patient’s condition, failure to act on abnormal lab or imaging results, and inadequate monitoring of vital signs during ER wait times, all of which can lead to severe injuries.

What Are the Most Common Causes of ER Malpractice in Chicago?

Chicago’s emergency rooms often face conditions that increase the risk of medical negligence. Overcrowding and prolonged wait times can delay necessary tests and treatment, putting patients at greater risk. Diagnostic emergency room negligence cases may occur when medical professionals are overworked, fatigued, or handling an overwhelming volume of cases. 

Communication breakdowns among medical staff can lead to missed information about a patient’s condition or critical changes in their status. In some facilities, inadequate triage procedures and resource shortages result in patients not receiving timely care.

What Injuries and Harms Result from Emergency Room Malpractice?

Emergency room negligence can leave patients with life-altering injuries or lead to wrongful death. Delayed diagnosis or failure to treat a stroke can cause permanent neurological damage, impacting speech, mobility, and independence. 

When sepsis is not recognized in time, patients may develop septic shock, organ failure, or death. Misdiagnosed heart attacks can be fatal within hours. In other cases, untreated dehydration may progress to kidney failure or permanent loss of kidney function. 

What Damages Can Victims of Emergency Room Errors Recover in Chicago?

Under Illinois law, victims of emergency room mistakes may recover both economic and non-economic damages through medical malpractice lawsuits.

Economic damages cover medical costs for ER treatment, follow-up care, and long-term medical needs, as well as lost wages and reduced future earning capacity. Non-economic damages address pain and suffering, emotional trauma, loss of enjoyment of life, and any disfigurement or permanent impairment.

In rare cases involving gross negligence or repeated violations by healthcare providers, punitive damages may be awarded to punish the responsible party and deter future misconduct.

What Is the Average Payout for Emergency Room Errors in Chicago?

According to Law.com’s VerdictSearch, payouts for emergency room malpractice in Chicago range from $351,000 to $32 million. The median award is approximately $2.325 million, while the average is about $7.04 million. Payouts are influenced by factors such as: 

• Delays in diagnosis
• Permanent injury
• Systemic hospital negligence
• Prolonged ER wait times that worsen a patient’s condition
• Cases involving wrongful death

Example Emergency Room Negligence Cases in Cook County

$32M Settlement – Failure to Treat Septic Arthritis at UChicago Medicine

Eight-year-old Ashanti Norals arrived at UChicago’s ER with fever, leg pain, and inability to walk. Despite abnormal labs suggesting infection, antibiotics were delayed over 24 hours. Her condition progressed to severe sepsis, leading to cardiac arrest and the amputation of all four limbs. The lawsuit alleged failure to recognize septic arthritis and harmful administration of Precedex. The hospital settled for $32 million before trial.

$20M Settlement – Missed Brain Hemorrhage at Central DuPage Hospital

Fifty-year-old Christopher Zinski visited the Central DuPage Hospital ER with a headache and neck pain. No CT scan or lumbar puncture was performed, and he was discharged. Two days later, he suffered a stroke caused by a ruptured brain aneurysm, resulting in permanent brain damage, cognitive deficits, and disability. The lawsuit alleged failure to detect a warning bleed and admit him for treatment. Near trial’s end, the hospital settled for $20 million.

$17M Settlement – Missed Infective Endocarditis in Pediatric Heart Patient

Thirteen-year-old Alex Williams, with a history of congenital heart disease, visited UChicago’s ER with fever and body aches. Despite risk factors, no labs or antibiotics were given, and he was discharged. Days later, he returned with infective endocarditis, which progressed to congestive heart failure and catastrophic complications during surgery, causing paralysis, blindness, and cognitive impairment. Plaintiffs alleged the ER ignored obvious infection signs. The hospital settled for $17 million before trial.

Why You Need a Chicago Emergency Room Negligence Lawyer

Emergency room malpractice cases often require a deep investigation into hospital systems, staffing records, and triage protocols. A Chicago emergency room error attorney has the experience to uncover evidence of emergency room mistakes, including delayed diagnosis, improper discharge, and failure to act on critical test results. By using expert testimony from leading medical specialists, we can prove when health care providers have failed their patients.

How Common Are ER Medical Errors?

Studies estimate that between 44,000 and 98,000 Americans die in hospitals each year due to medical errors.

Research shows that about 1 in 18 emergency room patients in the U.S. receives an incorrect diagnosis (5.7%). Around 1 in 50 suffers an adverse event from that error, and 1 in 350 experiences permanent disability or death. Applied to national volumes, this equals 7.4 million misdiagnoses annually, causing 2.6 million adverse events and 370,000 serious harms—including roughly 50 deaths per average-sized ER each year.

An extensive study of 2,288 confirmed emergency department diagnostic errors found that 86% were delayed diagnoses and 14% were completely wrong diagnoses.

According to a study published in the National Library of Medicine, the five organ systems most often linked to serious diagnostic medical errors in the emergency department are neurologic (including stroke) at 34%, cardiovascular at 23%, pulmonary at 8%, gastrointestinal at 7%, and hematologic (including venous thromboembolism) at 7%. Combined, they account for roughly 79% of all severe misdiagnosis-related injuries.

Where Do ER Errors Occur Most Often in Chicago?

Emergency room mistakes can happen anywhere, but certain facilities face higher risks due to patient volume and case complexity. In Chicago, public hospitals like Stroger and major academic centers such as UChicago Medicine, Rush University Medical Center, Loyola University Medical Center, and Mt. Sinai often manage high-acuity emergencies in fast-paced, high-pressure environments. 

Inner-city ERs serving large numbers of uninsured patients may experience resource strain, leading to delays and diagnostic errors. Ambulatory surgery centers and urgent care facilities that convert to ER stabilization units can also face challenges in providing timely and appropriate patient care.

What Laws Govern ER Malpractice Claims in Chicago?

Illinois’ Hospital Licensing Act (210 ILCS 85/) sets the standards hospitals must follow in staffing, patient safety, and emergency care. Violations that contribute to patient harm in emergency rooms can support medical malpractice claims, showing that a hospital failed to meet legally required levels of patient care.

The Illinois Medical Practice Act (225 ILCS 60/) defines professional misconduct and sets the standard of care. In emergency room malpractice cases, violations may demonstrate that a doctor’s actions or omissions constituted medical negligence.

Illinois’ Nursing and Advanced Practice Nursing Act (225 ILCS 65/) regulates registered nurses, licensed practical nurses, and advanced practice nurses. It establishes training, licensing, and care standards. In ER malpractice claims, it can be used to show when nursing staff failed to meet professional obligations, leading to patient injury.

In the case of Home Star Bank v. Emergency Care & Health Org., Ltd., 2014 IL 115526, the Illinois Supreme Court ruled that the Good Samaritan Act does not protect on-duty emergency room physicians from malpractice claims. This precedent ensures that ER doctors working in their professional capacity can be held liable for emergency room errors.

How Long Do I Have to File an ER Malpractice Lawsuit in Chicago?

Under 740 ILCS 180/, families who have lost a loved one due to emergency room malpractice generally have two years from the date of death to file a wrongful death lawsuit.

Under 735 ILCS 5/13-212, victims of emergency room errors have two years from the date they knew, or reasonably should have known, that malpractice occurred to file a lawsuit, but no more than four years from the date of the error. The discovery rule can extend this time if injuries are not immediately apparent, such as in cases of delayed diagnosis or misdiagnosis, but strict deadlines still apply.

Who Can Be Legally Liable for ER Malpractice in Chicago?

Several parties may be held responsible for emergency room malpractice under Illinois law. 

• Emergency physicians can face liability for diagnostic errors, delayed treatment, or improper discharge. 
• Nurses and physician assistants may be accountable for medication errors, inadequate monitoring, or failure to follow protocols. 
• Hospital entities and administrators can be liable for systemic failures, unsafe staffing, or poor triage procedures. 
• In some cases, urgent care facility operators may also bear responsibility if they fail to provide proper emergency stabilization.

Common Defenses in ER Malpractice Cases

Hospitals and insurers may argue that a poor outcome was a “standard risk” of treatment or that the patient gave informed consent. We show that informed consent does not excuse care that falls below the accepted medical standard and that patients must be warned of all significant risks. When a pre-existing condition is blamed, we present expert testimony to prove the emergency room error worsened the condition or caused new, preventable harm. 

If comparative negligence is alleged because the patient delayed seeking care, we use medical evidence to demonstrate that timely intervention in the ER would have avoided the outcome. For defenses claiming system overload or resource shortages, we emphasize that staffing, triage, and resource management are the hospital’s responsibility, and that these internal failures cannot be used to avoid liability for emergency room mistakes.

How to Strengthen Your ER Malpractice Claim

Taking early action can make a significant difference in proving emergency room negligence. Preserve all medical records, triage notes, and discharge instructions right away. Seek medical care and keep a detailed timeline of symptoms, ER visits, and actions taken by medical staff. Witness statements from companions or staff can help confirm key events. Before Illinois statute of limitations deadlines expire, secure an expert review to verify that the care provided fell below accepted medical standards and caused your injuries.

How a Chicago ER Malpractice Attorney Can Help

A Chicago emergency room error attorney plays a critical role in building a strong case for compensation. We investigate ER protocols, staffing records, and hospital policies to identify where care broke down. 

Our team works with leading medical experts to address dueling expert testimony and prove how emergency room errors caused harm. We handle all negotiations with hospital insurers, ensuring your claim is taken seriously. When a fair settlement isn’t offered, we are prepared to litigate aggressively, presenting evidence in court to hold health care providers accountable and secure the compensation you deserve.

FAQs

Can I sue if the ER turned me away?

If you were experiencing a medical emergency and an ER refused to treat you, it may violate federal EMTALA laws and Illinois standards, giving grounds for an emergency room malpractice claim.

Is extended ER wait time proof of medical malpractice?

Not unless they contributed to worsening a patient’s condition. If a prolonged wait violated triage protocols or delayed necessary tests or treatment, it can be part of proving negligence.

How do I prove medical negligence?

Firstly, establish that the health care provider had a duty to treat you according to accepted standards. Next, prove they breached that duty through action or omission. Then show that the breach directly caused your injury. Finally, demonstrate the damages you suffered, such as medical bills, lost wages, or pain and suffering.

In Illinois, ER malpractice lawsuits must also be supported by an affidavit of merit from a qualified medical expert who reviews your case and confirms there is a reasonable basis to believe the provider’s actions fell below the standard of care.

Can I sue if the missed diagnosis was due to ambiguous symptoms? 

Yes, if the provider’s response fell below the accepted standard of care. Even with unclear symptoms, ER staff must order necessary tests, monitor the patient, and take reasonable steps to rule out severe conditions.

Can I sue if a loved one passed away due to an emergency room error?

If emergency room negligence caused the death of a loved one, Illinois law allows surviving family members to file a lawsuit.

How much does an ER medical malpractice lawyer cost in Chicago?

Our attorneys work on a contingency fee basis, meaning you pay no upfront costs. We only collect a fee if we recover compensation for you through a settlement or verdict.

Book a Free Case Evaluation with a Chicago ER Malpractice Lawyer Near You

Taking the first step toward holding a hospital accountable can feel overwhelming, but you don’t have to face it alone. Our Chicago emergency room medical malpractice attorney team will help you every step of the way. We offer a free consultation to hear your story, answer your questions, and explain exactly what to expect during the legal process. 

Our Chicago personal injury lawyers have secured significant settlements and verdicts for families across Cook County, approaching each case with personalized attention and a focus on maximum compensation. Call us at (888) 424–5757 or fill out our contact form to schedule your free consultation.

Specific Cases We Handle

• Chicago Hospital Patient Fall Lawsuit
• IV Infiltration Lawsuit Lawyer
• Medical Malpractice Statute of Limitations by State
• Chicago Medical Misdiagnosis Lawyer
• Chicago Medication Error Lawyer

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, Naperville, Rockford 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.