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Chicago Medical Malpractice Lawyer

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

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

Free Consultation Case Review

The personal injury attorneys at Rosenfeld Injury Lawyers, LLC can provide legal representation and help you get your life back on track with a free case review if you believe someone close to you has been injured by negligent medical care.

Our lawyers will fight aggressively to ensure you receive fair compensation for any harm caused by medical negligence. Our medical malpractice attorneys work on a contingency fee basis, so there is no charge unless we win money for our clients.

Call our Chicago, IL law office today at (888) 424-5757 (toll-free phone number) or use the contact form today to schedule a free consultation with our attorneys to discuss compensation to pay medical bills, recoup lost wages, and be paid for pain and suffering.

doctors win nearly 80% of malpractice lawsuits

Suspecting You or a Loved One is Suffering Due to Medical Malpractice in Chicago, Illinois?

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

You have followed the instructions from your doctor - but you feel that something has gone wrong.

Your Medical Doctor is Unlikely to Acknowledge Medical Negligence

Are you or a loved one victim of medical malpractice due to a doctor or health care facility in Cook County, or Chicago, 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 an error.

As a result, obtaining compensation for your medical suffering will require the services of a medical negligence law office in Chicago to hold the healthcare providers’ employer accountable through vicarious liability.

Vicarious liability is when medical malpractice occurs by a healthcare professional when they treat patients; they might be able to file a claim for financial compensation against the medical providers.

Errors Made by Medical Professionals that May Be Considered Medical Malpractice

Medical doctors 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 medical malpractice.

Examples of Illinois 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. Examples include cerebral palsy, oxygen deprivation brain injury, brachial plexus injuries, hip dislocation, or failure to treat newborn jaundice.
  • Anesthesia errors include mistakes resulting in patient brain damage or death during and after an operation.
  • Hospital Errors: Mistakes may include serious personal injuries such as medication errors, patient falls during admission, and hospital-acquired infections such as sepsis. Hospital negligence also entails errors in 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.
  • Outpatient Medical Procedures: As 'surgery centers' within the healthcare system become more common, errors are also made concerning care and proper treatment.
  • Nursing Home Neglect: Pressure sores or broken bones due to falls. Nursing home staff may also fail to follow physicians' orders leading to severe complications or death.
  • Pharmacy Errors: Dispensing the wrong medication or improper dose can lead to patients' injuries or death.
  • 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.
  • Birth Injuries: Failure to identify fetal distress leads to failure to deliver a child within the third trimester.
  • Dental malpractice may include dental negligence, such as a failure to diagnose or treat a tooth infection that leads to sepsis or leaving a foreign body in the gums or teeth after surgery.
  • 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.
  • Misdiagnosis: The misdiagnosis of a serious medical condition, like cancer, heart disease, infectious diseases, lung cancer, and other serious illnesses, can result in death or significant impairment.
  • Negligent Treatment: Failure to diagnose or a delayed diagnosis can lead to severe consequences, including loss of limb, sepsis, brain damage (such as cerebral palsy), leading to severe injuries, or even death from medical malpractice.

These errors can lead to severe consequences for anyone injured by a negligent medical doctor.

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 who is intimately familiar with medical malpractice laws in Illinois.

As one of our crucial law practice areas, we have extensive experience in injury cases similar to yours.

medical error fatalities

Concerning Statistics on Medical Malpractice

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.

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%

Don't Expect a Swift Resolution to Your Case

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 minimize 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 2012-2017, payments were made to just 20.4% of the people submitting a claim.

Median Malpractice Payouts

In Cook County, Illinois (Chicago), the average / median malpractice payouts were even higher than the national average. The average medical negligence claim was resolved for $571,941, and 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, medical malpractice victims must be prepared that their cases will be pending for the long haul.

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 the date 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 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 malpractice lawsuit.

Failure to Comply

While an 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 contact a medical malpractice lawyer at (888) 424-5757 as soon as feasible so they can begin the evaluation process.

No More Caps on 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.

This lack of limitation means every healthcare doctor could be held liable for more than just their mistakes if a patient becomes injured while under care and treatment at such an institution.

How Long Do You Have to File a Medical Malpractice Demand 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 law, you have two years from when you knew—or reasonably should have known—that your case involved a negligent act or omission. You may not file a claim more than four years after that time.

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 the age of 22, to file a claim.

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

As you can see from the information above, a claim in Illinois requires extensive research and preparation. As a result, you should contact a medical malpractice legal professional immediately to ensure your claim is filed on time.

Do You Have a Medical Malpractice 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 medical malpractice case 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 medical malpractice cases based on what a reasonable physician would do facing the same medical problem in similar circumstances.

Contact our legal team today at (888) 424-5757 for a free case review.

Elements of a Medical Malpractice Claim

Even though each medical 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 professional-patient relationship at the time of your injuries. Since there was no professional relationship, you cannot sue a doctor for malpractice if taking their advice at a dinner party results in additional harm.
  • Breach of duty of care: The essential part of a medical malpractice lawsuit is the breach of duty or act of negligence. You must present convincing and unequivocal evidence to prove that the defendant violated or failed to perform their duty of care to you. Breach of medical duty includes arriving at work intoxicated or misinterpreting test results.
  • Causation: The defendant's breach of duty and your injury must be related. To have a case against the defendant, your damages must be directly attributable to the doctor's or hospital's failure to provide appropriate care. Without that, you might have a case against someone else.
  • Damages: The victims must also demonstrate that the defendant's breach of duty caused them to suffer losses. Medical expenses, physical or mental discomfort, loss of enjoyment of life, or lost wages are all damages. The amount will depend on various factors, including the severity of your injuries.

Contact us for a free consultation if you're unsure if you have a case for medical malpractice in Illinois. We can examine your case and provide you with our honest assessment of its viability in a court of law.

Our Chicago Medical Malpractice Lawyers Are Here to Give You the Best Chance at Compensation

The medical negligence attorneys at Rosenfeld Injury Lawyers, LLC are committed to uncovering the truth and discovering the facts about healthcare errors.

We are available for a no-obligation, free consultation on your case to decide the most suitable way forward in your best interests.

Contingency Fee Basis

Our medical malpractice attorneys handle negligence cases on a contingency fee system, where we receive a legal fee only when we recover compensation for you.

Contact our law firm at (888) 424-5757 for a free case evaluation of potential medical malpractice lawsuits.

We Are Committed to Seeking Justice for Medical Malpractice in Chicago

With over $250 million in recoveries for clients' medical/hospital malpractice and personal injury cases 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 death of a loved one at a medical facility.

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

Negligent doctors fail to provide the appropriate standard of care - resulting in injury, wrongful death, or more - our attorneys are here to ensure you receive fair compensation.

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

Chicago Medical Malpractice Lawyer

We Have Won Medical Malpractice Claims Like Yours

Below are some sample case results that our medical malpractice lawyers have handled on behalf of our clients involving an injury to their loved one due to a medical error made by healthcare professionals.

  • $9,000,000: Awarded to a middle-aged man who developed preventable injuries following a cardiothoracic surgery at a teaching medical center.
  • $3,610,000: Surgical error involving post-thoracic procedure resulting in brain damage.
  • $6,450,000: Birth injury settlement involving a child who developed medical complications after long labor involving several preventable medical errors.
  • $1,000,000: Brain injury and cranial fractures to a patient involving medical errors.
  • $2,700,000: Hospital malpractice involving a man who fell from his bed and sustained a brain injury.
  • $2,700,000: Hospital fall post orthopedic surgery, which required multiple revision procedures
  • $2,000,000: Error made by pharmacy involving a mistake in dispensing medication.

Do you have questions concerning an Illinois medical malpractice claim in Chicagoland or elsewhere in Illinois?

As our prior results show, we will work hard to obtain full and fair compensation from health care providers once we have informed consent. If so, we invite you to contact our Chicago medical malpractice lawyers at (888) 424-5757 for a free consultation.

What to Expect After Deciding to Act with a Medical Malpractice Claim

When a medical malpractice 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.

Rosenfeld Injury Lawyers, LLC regularly represents clients and families in these cases and is familiar with the procedural requirements to file these medical negligence cases.

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

Understanding the Context of your Medical Malpractice Lawsuit

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

Medical Errors 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 Cases Are Worthwhile to Pursue

Not all malpractice cases are worth a lot of money. For example, an error made by healthcare professionals which are caught quickly or results in minimal long-term consequences is likely not worthwhile to pursue from an economic perspective – the costs of litigation may equal or exceed a recovery based on the victim's past and ongoing medical expenses.

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
  • Future and past medical bills
  • Lost wages
  • Funeral expenses (wrongful death)
  • Loss of society (in a wrongful death case)

The Medical Malpractice Claim Process

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

Once you have engaged with one of our experienced medical malpractice attorneys and have decided to act on your claim, your lawyer will be by your side through the entire process.

Although their services include negligence claims, filing and pursuing a claim is highly complex and time sensitive.

This process can vary but generally 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 for your case to support your malpractice claim. Your legal representative will do their best to position your case favorably.
  • Settlement: To avoid trial and bad publicity, the negligent party may settle out of court. Your lawyer 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 outcome of a case.

Don't Delay. Get Your Case Reviewed by an Experienced Lawyer

Don't delay action if you want to seek compensation for medical or hospital malpractice. Instead, contact a Chicago, IL attorney at (888) 424-5757 at our law firm; we have successfully guided many individuals and families through numerous medical malpractice cases in Chicago.

While we cannot assure you of a successful outcome or similar outcome to the ones stated here, our lawyers are committed to taking the steps necessary to prosecute your medical malpractice case and hold your doctor accountable to the full extent of the law in Illinois.

Give your case the best chance - call our legal professionals today for a free case evaluation with a Chicago lawyer who will be by your side throughout your lawsuit. All confidential or sensitive information you share with our law offices remains private through an attorney-client relationship.

Our skilled medical malpractice attorneys follow Covid 19 protocols when meeting with clients. We also offer a free consultation via video call or telephone.


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
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 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
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