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Legally Reviewed by:

Jonathan Rosenfeld
J.D

March 2, 2023

Over $400 Million worth of case results

Awarded The Best Lawyer in 2024 by U.S. News

Nationally Recognized in Legal Community

Medical errors are the third-leading cause of death in America, and a staggering 98,000 people die from preventable malpractice every year.

If you are the victim of an injury or the surviving family member in a wrongful death associated with medical negligence, the right medical malpractice lawyer can help.

It’s not just that these numbers are shocking – it’s also that so many patients aren’t aware of their legal rights as victims until after they have suffered harm or sustained life-threatening injuries without answers or compensation.

Contact us at Rosenfeld Injury Lawyers, LLC if you have been injured or a loved one was killed in a wrongful death by the medical negligence of medical professionals. Our lawyers will fight aggressively to ensure you receive fair compensation for any harm caused by negligence.

Call our personal injury law firm today at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free case evaluation with a Chicago medical malpractice lawyer

We can provide you with professional legal representation and discuss how to obtain compensation for medical costs, loss of income, pain, and suffering.

doctors win nearly 80% of malpractice lawsuits

Do You Suspect You or A Loved One Have Suffered Medical Malpractice in Chicago, Illinois?

You or a family member have placed your health and well-being in the hands of a medical professional to provide you with advice, prescriptions, routine physical examination, or even a life-saving surgery.

You have followed the instructions from your doctor or medical professional, yet due to medical mistakes, something has gone wrong.

Your Medical Doctor Is Unlikely to Acknowledge Malpractice Or Negligence

Are you or a loved one victim of malpractice due to a negligent doctor or medical care facility in Cook County, Illinois? If so, it can be challenging to know where to turn, and unlikely that a doctor or healthcare provider will come forward and acknowledge their medical mistakes.

As a result, obtaining financial compensation for your malpractice damages will require the services of medical malpractice lawyers in Chicago to hold the healthcare providers’ employer accountable through vicarious liability. Vicarious liability occurs when a healthcare professional makes mistakes when treating a patient.

Speak to an experienced attorney and allow them to file a malpractice claim for financial compensation against the medical providers.

Errors Made by Medical Professionals That May Be Considered Malpractice

Doctors, physician assistants, and other health care providers are human and can make mistakes when treating patients. The difference is that when a physician or medical professional commits a negligent act, the consequences are catastrophic and legally recognized as malpractice.

IL medical malpractice claims include:

  • Surgical mistakes: A medical mistake can be a healthcare provider cutting an organ during a gallbladder operation or failing to perform a neurosurgery procedure correctly. Other indications of surgical error may include paralysis or death during a procedure.
  • Birth injuries: Errors made during labor and delivery can dramatically impact the child’s quality of life and family.
  • Hospital errors: Mistakes may include severe personal injuries such as medication errors, patient falls during admission and hospital-acquired infections such as sepsis. Hospital negligence also entails errors by healthcare providers, doctors, nurses, technicians, and other support staff.
  • Diagnostics errors occur when a doctor fails to properly read a diagnostic test such as an x-ray, MRI, or CT scan. This medical malpractice by a medical provider can also include failing to properly read mammograms and biopsy results.
  • Emergency room errors: Under-staffed or overworked emergency room staff may fail to diagnose critical conditions such as heart attacks, stroke, pulmonary embolism, deep vein thrombosis, or bowel obstruction. Emergency room mistakes can also involve surgical and anesthesia errors.
  • Dental malpractice may include dental negligence, such as a failure to diagnose or treat patients with a tooth infection that leads to sepsis or leaving a foreign body in the gums or teeth after surgery.
  • Misdiagnosis: Misdiagnosing a serious medical condition, such as cancer, heart disease, infectious diseases, lung cancer, and other serious illnesses, can result in death or significant impairment.
  • Negligent medical treatment: Failure to diagnose or a delayed diagnosis can lead to severe consequences, including loss of limb, sepsis, brain damage, leading to severe injuries, or even death from medical malpractice.
  • General medical malpractice: There are many medical malpractice claims, including gynecological, psychiatric, neurological, failure to obtain informed consent, etc. Each one of these areas may have its unique types of malpractice.

Medical negligence is the failure of a medical professional to use reasonable care or the equal amount of care a reasonable person would take under similar circumstances.

Did you suffer an injury due to a physician’s incompetence or failure to follow proper procedure? If so, you need the legal advice of an experienced medical malpractice attorney intimately familiar with Illinois medical malpractice laws.

This type of negligence is one of our crucial law practice areas, and we have extensive experience in medical negligence cases similar to yours, where malpractice victims have suffered harm.

Medical error fatalities

Concerning Medical Malpractice Statistics

A Johns Hopkins University study revealed errors in care or medical and hospital malpractice are now the third leading cause of death in the United States, claiming the lives of an estimated 250,000 people.

Some leading researchers believe errors are rarely disclosed in medical records, death certificates, or autopsies.

Statistics of Medical Specialties Sued

The prestigious Becker’s Hospital Review reports that the following medical specialties tend to be sued frequently –

  • OB-GYN and women’s health – 85% of specialists surveyed have been sued
  • Surgery – 83%
  • Orthopedics – 79%
  • Radiology – 72%
  • Anesthesiology – 58%
  • Internal medicine/family medicine – 46%
  • Oncology – 34%

Good Case Settlements Take Time

Malpractice claims are vigorously defended in Illinois. These cases are fought so hard because insurance companies for most doctors and hospitals know their chances of winning (not paying out anything on a claim) are very much in their favor.

Many insurance companies use bad faith tactics to recover compensation, especially in high payouts involving cerebral palsy, brain damage, or wrongful death.

According to a report issued by the Illinois Department of Insurance related to malpractice claims between 2015-2020, payments were made to just 20.4% of the people submitting a claim.

Median Malpractice Payouts

In Cook County, Illinois (Chicago), median malpractice payouts were even higher than the national average. The average medical negligence claim was resolved for $571,941; the median claim paid $500,000.

Given the significant exposure medical professionals faced with a seriously injured person (coupled with their almost 80% chance of being found ‘not guilty,’) defendant-doctors in these cases are more likely to push their case to trial than other types of serious injury cases.

Consequently, victims of medical malpractice must be prepared that their cases will be pending and will take time.

How to Prove Negligence in Medical Scenarios and How Malpractice Occurred

In the complex world of medical malpractice, proving medical malpractice can be daunting.

First, you must establish that the healthcare provider had a legal duty to care for the patient. It is typically straightforward, as doctors and healthcare professionals are responsible for providing care to those seeking their help.

Next, demonstrating that the healthcare provider breached this duty is crucial. To do this, you must show that their actions deviated from their field’s accepted standard of care. In essence, proving negligence requires comparing their conduct to that of a competent professional in similar circumstances.

Proving this category of negligence involves establishing a legal duty, showing that the duty was breached, demonstrating causation, and outlining the damages.

medical malpractice settlements

Illinois Law Applicable to Medical Malpractice Cases

You cannot simply walk into court and file a medical malpractice lawsuit against a physician or other medical providers. The Illinois state legislature has set forth specific procedural requirements for injured victims of negligence to bring a case.

Negligence cases must be filed within two years from when you knew or reasonably should have known about the malpractice. (See 735 ILCS section 5/13-212(a))

Affidavit of Merit

Secondly, the unique aspect of the law reveals that an ‘affidavit of merit must accompany medical malpractice lawsuits’ (See 735 ILCS section 5/2-622).

The ‘affidavit of merit’ requirement means that a medical professional who has experience with the area of medicine that is the subject of the case must have reviewed the medical files for the plaintiff (injured patients) and determined that there is a ‘reasonable and meritorious case’ for bringing the medical negligence lawsuit.

Failure to Comply

While a personal injury lawyer may request an extension of the time limit for getting an affidavit, the law states that cases may be dismissed for failure to comply with this procedural requirement.

Given that the review of medical records in most cases is very time-consuming, you must contactus at (888) 424-5757 as soon as feasible so they can begin the evaluation process.

No More Caps on Malpractice Damages

With the recent ruling by Illinois Supreme Court, it is now clear that there are no longer any caps on damages, including punitive damages related to malpractice in medical facilities.

How Long Do You Have to File a Medical Malpractice Claim in Illinois?

The statute of limitations that apply to your malpractice lawsuit should be considered when pursuing legal action. The statute of limitations is the deadline for bringing legal action.

According to the medical malpractice law, you have two years from when you knew – or reasonably should have known – that your case involved negligence.

A particular regulation is in effect when a minor, or a patient under 18, is the victim of malpractice by a medical provider. The minor has eight years from the date of the act or omission, or until 22, to file a claim.

The statute of limitations for claims involving the wrongful death of a loved one is two years after the deceased’s death.

Do You Have a Medical Negligence Case?

Rarely, if ever, does a doctor, hospital, medical staff, or nursing home admit that they made a medical error concerning patient care.

Consequently, you need to take the initiative to investigate a potential claim. Medical experts on our legal team are ready to help.

Tell Your Chicago, IL Attorney What Happened

The best way to determine if you have a viable case of medical malpractice is to discuss your situation with an experienced malpractice lawyer. After getting a timeline of events, your personal injury lawyer may request copies of the medical records from the healthcare facilities.

Our attorneys also have medical experts on staff to evaluate potential malpractice cases based on what a reasonable physician would do facing the same or similar circumstances.

Contact a Chicago medical malpractice attorney at (888) 424-5757 for a free case review.

Elements Of a Medical Malpractice Claim

Although each malpractice case is distinct, they all share a few characteristics. For instance, each has a burden of proof that must be met to establish that the defendant is accountable for the patient’s damage or disease.

The following four essential components are necessary for medical malpractice lawsuits in Illinois:

  • A professional relationship: You must provide documents and medical expenses to demonstrate that you and the defendant had a doctor-patient relationship at the time of your injuries.
  • Breach of duty of care: The essential part of a medical malpractice lawsuit is the breach of duty or act of negligence.
  • Causation: The defendant’s breach of duty and your injury must be related. In having a case against the defendant, your damages must be directly attributable to the doctor’s or hospital’s failure to provide appropriate care.
  • Damages: The victims must also demonstrate that the defendant’s breach of duty caused them to suffer losses.

Contact us for a free consultation if you’re unsure if you have a case for medical malpractice in Illinois.

We Are Committed to Seeking Justice for Medical Malpractice in Chicago

With over $250 million in recoveries for clients’ medical negligence and hospital malpractice in Illinois, our Chicago-based medical injury law office has the experience to assist you with your legal issue.

Surviving family members can count on our personal injury law firm to guide you through the complicated process after an injury or wrongful death of a loved one at a medical facility.

Medical negligence can cost you thousands of dollars in additional medical expenses and care, resulting in long-term disability and pain or even the loss of a loved one.

Negligent healthcare professionals fail to provide the appropriate standard of medical care – resulting in injury, wrongful death, or more. Our team of medical malpractice attorneys are here to ensure you receive fair financial compensation.

When you hire an experienced attorney, you get a profoundly committed professional to hold physicians, healthcare facilities, and other healthcare professionals accountable when a patient suffers harm.

Chicago Medical Malpractice Lawyer

We Have Won Many Claims Just Like Yours

Our medical malpractice lawyers have handled these sample settlement or jury award case results on behalf of our malpractice clients. The case results involve injury due to a medical error made by the client’s doctor or other medical professionals –

  • $9,000,000: Awarded to a middle-aged man who developed preventable injuries following cardiothoracic surgical errors at a teaching medical center
  • $6,450,000: Birth injury settlement involving a child who developed medical complications after long labor involving several preventable medical mistakes
  • $1,000,000: Brain injury and cranial fractures to a patient involving medical errors.

Have you suffered injuries that were preventable through medical negligence or malpractice? Do you have questions concerning a medical malpractice claim in Chicagoland or elsewhere in Illinois?

Our results show that we work hard to obtain maximum compensation from healthcare providers once we have informed consent. We invite you to contact our Chicago medical malpractice team at (888) 424-5757 for a free consultation.

What to Expect After Filing a Negligence Claim

When a medical claim is filed against a medical professional under Illinois state law, the case falls under medical/hospital negligence in Illinois courts. In addition, it must follow specific guidelines the state legislature sets.

Once you have engaged a medical malpractice attorney in our law office and have decided to take action on your severe personal injury claim, the right lawyer will be by your side through the entire process.

We have guided many individuals and families through numerous medical malpractice cases, with a successful settlement or jury award for medical malpractice damages.

Understanding The Context of Your Medical Malpractice Lawsuit

If you decide to pursue a medical negligence or malpractice lawsuit, it is helpful to understand the context of your case so that you can prepare yourself for what to expect. Our medical malpractice lawyers put together some helpful information for you.

Medical Mistakes Are Often Fatal

A groundbreaking study by Johns Hopkins University found that more than 250,000 people die each year in the United States due to errors made by hospitals and healthcare providers in an inpatient or outpatient setting. This statistic places medical mistakes as a leading cause of death.

Not All Medical Malpractice Cases Are Worthwhile to Pursue

Not all malpractice cases are worth a lot of money. Errors made by these professionals which are caught quickly or result in minimal long-term consequences are not worthwhile to pursue by medical malpractice lawyers from an economic perspective.

You Can Claim for Non-Economic Damages

When we accept complex medical malpractice cases, our team explores every aspect of compensable damages under Illinois law. Illinois recognizes both ‘economic’ and ‘non-economic’ damages, including:

  • Physical pain and suffering
  • Disability
  • Loss of normal life
  • Past and future medical bills
  • Lost wages
  • Funeral expenses (wrongful death)
  • Loss of society (in a wrongful death case)

The Medical Malpractice Claim Process

Our medical malpractice law firm will guide you through the litigation process and advise you as your case proceeds.

Once you have engaged with a lawyer and decided to act on your claim, your injury attorney will assist you through the entire process.

Filing and pursuing a successful claim is highly complex and time-sensitive.

Steps Involved in a Malpractice Case for Medical Mistakes

This medical malpractice case process can vary but includes four main steps:

  • Filing the lawsuit: Your lawyer will ensure you have the paperwork to file your lawsuit accurately and promptly
  • Discovery: This step involves gathering evidence and medical records for your case to support your negligence claim. Your legal representative will do their best to position your case favorably
  • Settlement: The negligent party may settle out of court to avoid trial and bad publicity. Your malpractice attorney will advise you on what may be deemed a satisfactory settlement
  • Trial: If no settlement is reached, your case may go to trial to seek fair and just compensation available to you

For many medical malpractice lawsuits, we draw upon some of the leading experts in life care planning, vocational counseling, and economics to help relay the extent of an injury to a judge or jury who may determine the case’s outcome.

Have Your Case Reviewed by Chicago Medical Malpractice Lawyers

Don’t delay action if you want to seek compensation for medical mistakes or hospital malpractice. Instead, contact us at (888) 424-5757 or use the contact form to schedule a free case consultation to discuss legal representation.

Our lawyers at Rosenfeld Injury Lawyers, LLC, are committed to the legal process of prosecuting your medical malpractice case and holding your doctor accountable to the full extent of the law in Illinois for medical and surgical errors.

Give your case the best chance, and call our legal professionals today for a free evaluation. Our Chicago malpractice law firm will support you throughout your lawsuit. 

Our skilled attorneys offer a free consultation. That way, you can have all the information you need before deciding. Communication is key to an effective attorney-client relationship, starting with the case evaluation.

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Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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