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Chicago Medical Malpractice Lawyer

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

You or a family member has placed trust in a medical professional to provide you with advice, prescriptions, routine physical examination, or possibly even a life-saving surgery – but you feel that something has gone wrong.

You are perhaps suffering from the devastating physical, emotional and financial after-effects of physician error during your health care.

Your Doctor is Unlikely to Acknowledge Medical Negligence

If you or a loved one has been the victim of medical malpractice due to a doctor or health care facility in Chicago, IL it can be difficult to know where to turn. It is unlikely that a physician or hospital will come forward and acknowledge an error.

As a result, getting compensation for your medical suffering will require the services of a medical negligence law firm in Chicago.

Chicago medical malpractice lawyer

Errors Made by Medical Professionals that May Be Considered Medical Malpractice

Medical professionals and doctors are indeed human and make mistakes when it comes to treating patients. The difference is that when a physician or medical professional makes an error, the consequences are catastrophic.

Examples of medical malpractice cases include:
  • Anesthesia Errors: This includes anesthesia errors resulting in patient brain damage or death both during and following an operation.
  • Hospital Errors: May include situations involving serious injuries such as: medication error, patient falls during admission, hospital acquired infections such as sepsis. Hospital negligence would also entail errors made by doctors, nurses, technicians and other support staff.
  • Outpatient Medical Procedures: As 'surgery centers' become more common so do errors made with respect to care and treatment.
  • Medical Clinics: Outpatient clinics have grown in popularity as they offer quick and inexpensive health care. When these facilities fail to diagnose a medical condition or fail to direct a patient to a hospital and the patient suffers an injury, they may be legally responsible for the adverse outcome.
  • Pharmacy Errors: Dispensing the wrong medication or improper dose can lead to patient injury or death.
As one of our key law practice areas, we are very likely to have experience with a personal injury case similar to yours.

If you are seeking compensation for medical negligence in Chicago, IL you can be assured that our medical malpractice attorneys will use their vast experience for your benefit.

Concerning Statistics on Medical Malpractice

A Johns Hopkins study revealed medical errors or medical 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 the number could be much higher as errors are rarely disclosed in medical records, death certificates or even autopsies.

When it comes to litigation arising from malpractice, the prestigious Becker's Hospital Review reports that the following medical specialties tend to be sued the most frequently.
  1. OB-GYN and women's health — 85 percent of these specialists surveyed have been sued
  2. Surgery — 83%
  3. Orthopedics — 79%
  4. Radiology — 72%
  5. Anesthesiology — 58%
  6. Internal medicine/family medicine — 46%
  7. Oncology — 34%

Chicago Medical Malpractice claims lawyer

Don't Expect a Swift Resolution to Your Case

Medical malpractice claims are vigorously defended in Illinois. Part of the reason why these cases are fought so hard is because insurance companies for doctors and hospitals know that their chances of winning (not paying out anything on a claim) are very much in their favor.

According to a report issued by the Illinois Department of Insurance related to malpractice claims brought between 2012-2017, payments were made to just 20.4% of the people bringing a claim.

That translates to $835,565,598 in indemnity payments with an average payment of $533,226 and median payment of $475,000 across the entire state of Illinois.

In Cook County (Chicago, IL), the average / median malpractice payouts were even higher with the average claim getting resolved for $571,941 and the median claim paid $500,000.

Given the significant exposure a doctor or hospital faces 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 compared to other types of personal injury cases.

Consequently, as the victim of malpractice, you need to be prepared that your case will be pending for the long haul.
Cook County medical malpractice lawyer

Illinois Law Applicable to Medical Malpractice Cases

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

To begin with, negligence cases must be filed within two-years from the date that you knew or reasonably should have known about the malpractice. (See 735 ILCS section 5/13-212(a))

Secondly, and the more unique aspect the law, is that malpractice lawsuits must be accompanied by an 'affidavit of merit' (See 735 ILCS section 5/2-622).

The 'affidavit of merit' requirement means that a doctor who has experience with the area of medicine that is the subject of the case, must have reviewed the medical records for the plaintiff (injured party) and determined that there is a 'reasonable and meritorious' case for bringing the lawsuit.

While a lawyer may request an extension of time 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, it is important that you contact a lawyer as soon as feasible so he or she can begin the evaluation process.

Illinois medical malpractice lawyer

Do You Have a Medical Malpractice Case?

Rarely-- if ever-- does a doctor, hospital or nursing home admit that they made a mistake with respect to patient care.

Consequently, as the family of a person who has been injured after receiving medical care, you need to take the initiative when it comes to investigating a potential claim.

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

Only after thoroughly reviewing the medical charts and can a determination be made with respect to a determination of a viable cause of action.

Our law firm also has nurses on staff to assist with evaluation of potential claims. Contact us for a free case review today.

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

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

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

We handle negligence cases on a contingency fee system where we receive a legal fee only when we have recovered compensation for you.

There is never an expense to talk to an attorney about a case. Contact our law firm for a free case evaluation and 24/7 support in your malpractice lawsuit.
Chicago Medical Malpractice attorney

We Are Committed to Seeking Justice for Medical Malpractice in Chicago, IL

With more than $250 million in recoveries for clients in Illinois medical malpractice and personal injury cases, our Chicago-based medical negligence law firm has the experience needed to assist you with your legal issue.

Your family can count on our Cook County law firm to guide you through the difficult process after an injury or death of a loved one at a medical facility.

A medical error 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.

When you hire one of our attorneys, you get a professional medical malpractice lawyer who is deeply committed to holding physicians and health care facilities accountable when a patient is harmed.

We Have Won Medical Malpractice Claims Like Yours

Below are some sample case results our medical malpractice lawyers have handled on behalf of families involving an injured to their loved one as a result of medical errors made by medical professionals.

If you have questions about your situation, we invite you to contact our Chicago medical malpractice lawyers for a free consultation;

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$9,000,000: Awarded to a middle-aged man who developed serious complications following a cardio-thoracic surgery at a Cook County hospital.


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$4,250,000: Anesthesia error involving a 49-year-old woman who died during an obstetric procedure.


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$3,610,000: Surgical error involving post-thoracic procedure resulting in brain damage.


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$6,450,000: Settlement involving a child who developed birth injuries after a long labor.


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$875,000: Settlement of a lawsuit for a man who developed pressure sores while hospitalized at a facility in Chicago, Illinois.


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$400,000: Settlement for a patient in a food allergy claim against the hospital in Chicago, IL.


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$1,000,000: Brain injury and cranial fractures to a guest of an apartment building.


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$1,680,000: Failure to diagnose illness lawsuit filed against a medical professional and laboratory for mixing test results.


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$2,700,000: Medical negligence involving a man who fell from his bed and sustained a brain injury.


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$2,700,000: Hospital fall post orthopedic surgery which required multiple revision procedures. 


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$2,000,000: Error made by pharmacy involving wrong medication.

If you have questions concerning a medical malpractice claim in Cook County or elsewhere in Illinois, we invite you to contact our law firm for a free consultation with an experienced malpractice lawyer.

Respect & Awards from the Legal Community

At Rosenfeld Injury Lawyers LLC, we are proud of the fact that many of our personal injury and malpractice cases are referred to us from former clients and other attorneys.

We are equally honored to have received that our office and some members of our legal team have received the following awards and recognition for our work on behalf of people with serious injuries.
  • Multi-Million Dollar Advocates Forum
  • Lead Counsel Rated
  • National Trial Lawyers Top 100
  • Best Attorneys of America
  • Illinois Trial Lawyers Association
  • National Academy of Jurisprudence
  • Named in 'Super Lawyers'
  • American Institute of Trial Lawyers
  • Lawyer Legion
  • American Association for Justice
  • Lawyers of Distinction

What Can You Expect After You Decide to Take Action With a Medical Malpractice Claim?

When a lawsuit is filed against a medical professional in Illinois courts, the case falls under the category of ‘medical negligence’ and must follow specific guidelines set forth by the state legislature.

Rosenfeld Injury Lawyers regularly represents individuals and families in these cases and is familiar with the procedural requirements to file these cases. Our law office will guide you through the litigation process and keep you advised as your case proceeds.

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

For many medical negligence lawsuits, we draw upon the expertise of some of the leading experts in the fields of 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.

FAQs on Medical Malpractice Cases

Below are some frequently asked questions raised by current and former clients related to medical negligence claims involving serious injuries or wrongful death.

We encourage you to contact our medical malpractice lawyers if you have further questions or are seeking information about a particular situation.

What You Need to Prove to Win Your Medical Malpractice Case?

If you think you have been a victim of medical malpractice, you as the plaintiff need to prove various elements for a lawsuit.

In Illinois, a malpractice case must prove that:

  • A doctor-patient relationship existed (simply getting medical care from a doctor, hospital or clinic satisfies this criteria);
  • The doctor owed the patient a duty of care;
  • The doctor breached that duty owed to the plaintiff;
  • The doctor’s breach of care was the proximate cause of the plaintiff’s injuries; and
  • The plaintiff suffered some physical, economic, or emotional damages as a result of the doctor’s conduct.

It is essential to establish that the medical professional being sued has "deviated from the standard of care" and that a competent professional would have acted differently, given the circumstances.

Illinois law requires all lawsuits against doctors and hospitals to have a report from a consulting physician setting forth these "deviations from the standard of care" and that there is indeed a meritorious case.

The standard of care issue will also be a central issue at trial with experts from both the plaintiff (injured party) and defendant (doctor or hospital) offering varying opinions about medical treatment protocols.

What Damages are Available in a Medical Malpractice Case in Illinois?

The primary damages available in an Illinois medical  malpractice case include economic and non-economic damages. These  consist of: medical expenses, lost wages, pain and suffering, loss of  enjoyment of life, wrongful death, and loss of consortium.

The amount of damages recoverable often depends upon the severity of the injury. Despite attempts to impose limits on this  amount, the Illinois Supreme Court has rejected caps on medical negligence cases.

In most cases, jury verdicts and settlements are paid by the insurance company for the physician or hospital.

What is the Outcome of Most Medical Malpractice Cases That go to Trial?

Physicians win most medical malpractice cases because the burden of proof lies on the plaintiff.

Without specialist legal help, it can be very difficult to prove beyond reasonable doubt that your doctor breached a duty of care in a way that another reasonable doctor would not have in the same situation.

To give your case the best possible chance, you should consult an experienced medical malpractice lawyer familiar with these cases under Illinois law.

How can I find out if My Doctor has Been Previously Named in a Medical Malpractice Case in Illinois?

To find out whether your doctor has been named in an Illinois malpractice case, check the website for the Illinois Medical Board. This website will identify whether the physician, surgeon or other healthcare provider has ever lost a medical malpractice claim or lawsuit.

What are the Implications of Signing an Informed Consent Form?

You never give up your legal rights by signing a consent form. A consent form is provided to acknowledge that you understood the known risks associated with undergoing specific treatments, procedures, and surgeries.

Does not allow a healthcare provider to offer a substandard level of care as established by the medical community. You still have the legal right to seek financial compensation before the statute of limitations expires.

How are Medical Malpractice Cases Defended?

Medical malpractice claims are vigorously defended by some of the best defense lawyers around.

Unlike other types of personal injury cases where an insurance company may only be responsible for paying a limited amount in a settlement or judgment, malpractice cases typically involve catastrophic damages where there is a potential for a multi-million dollar jury award.

The main way medical negligence cases are defended is by claiming that the defendant-doctor satisfied the 'standard of care' and that the adverse outcome was inevitable. In other words, the patient would have suffered the same outcome regardless of the care.

In Illinois, How Long do I Have to File a Medical Malpractice Lawsuit (Statute of Limitations)?

You must file an Illinois malpractice lawsuit within two years from the incident, or the date that the malpractice was discovered, but not more than four years from the time of the alleged incident.

For cases involving minors, a lawsuit must be initiated within eight years from the date of the event or before the minor turns 22 years old. If your suit is not filed within these time limits, your case will be dismissed.

In some situations, the statute of limitations may be tolled (put on hold) when a person is under a disability. In these situations, the general statute of limitations doesn't apply. See 735 ILCS 5/13-214.3

As with all procedural requirements, it is important to discuss your situation with a medical malpractice attorney who can advise you of how the law applies to your situation.

What is the Difference Between a Bad Outcome and Medical Malpractice?

Even the best medical practice and closely followed procedures can lead to a negative impact for the patient.

This is referred to as a bad outcome, and does not mean your physician was guilty of malpractice or negligence. If you aren’t sure which you are dealing with, contact one of our experienced attorneys for a free consultation.

How Much Does it Cost to Hire a Med Mal Lawyer in Chicago, IL?

Rosenfeld Injury Lawyers LLC handles medical malpractice matters on a contingency fee basis. Our firm pays for the investigation of your claim and advances all costs related to your claim. Only when we secure a settlement for you, do we receive a legal fee.

When you meet with our award-winning attorneys you will receive a written copy of the fee agreement.
If we do not obtain a settlement for you, we receive no fee and you owe us nothing.

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 law offices have put together some useful information for you.

Medical errors are often fatal

A groundbreaking study conducted 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 doctors in an inpatient or outpatient setting. This statistic places medical errors as the third leading cause of death.

Not all cases are worthwhile to pursue

Not all medical malpractice cases are worth a lot of money. An error made by a doctor which is 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.

You can claim for non-economic damages


When we accept a medical negligence case, we work to explore every aspect of damages compensable under the law of the State of Illinois. Illinois recognizes both ‘economic’ and ‘non-economic’ damages including:
  • Pain and suffering
  • Disability
  • Loss of normal life
  • Past and future medical expenses
  • Lost income
  • Funeral expenses (in a wrongful death case)
  • Loss of society (in a wrongful death case)

What Can You Expect After You Decide to Take Action With a Medical Malpractice Claim?

When a lawsuit is filed against a medical professional in Illinois courts, the case falls under the category of ‘medical negligence’ and must follow specific guidelines set forth by the state legislature.

Rosenfeld Injury Lawyers regularly represents individuals and families in these cases and is familiar with the procedural requirements to file these cases.

Our law office will guide you through the litigation process and keep you advised as your case proceeds.

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

This process can vary, but generally includes four main steps:
  1. Filing the lawsuit: Your lawyer will ensure you have the necessary paperwork to file your lawsuit accurately and in a timely manner.
  2. Discovery: This step involves the gathering of evidence for your case in support of your claim. Your legal representative will do their best to position your case favorably.
  3. Settlement: To avoid trial and avoid bad publicity, the negligent party may settle out of court. Your lawyer will advise you on what may be deemed a sufficient settlement.
  4. Trial: If no settlement is reached, your case may go to trial to seek the maximum compensation available to you.
For many medical negligence lawsuits, we draw upon the expertise of some of the leading experts in the fields of 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 a Top Medical Malpractice Lawyer

If you want to seek compensation for medical malpractice, don’t delay action. Contact a Chicago medical malpractice attorney at our law offices; we have successfully guided many individuals and families through medical malpractice cases in Chicago, IL.

While we cannot assure you of a successful outcome, our personal injury law firm is committed to taking the steps necessary to prosecute your case to the full extent of the lawsuit in Illinois.

Give your case the best chance - call us today for a free consultation with a Chicago medical malpractice lawyer who will be by your side throughout your lawsuit.

Our law offices follow Covid 19 protocols when it comes to meeting with clients. We also offer a free consultation via video call or telephone.
 

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