Medical Malpractice Lawyer Chicago, IL

Patients trust doctors, nurses, and hospitals to get the diagnosis right, perform procedures safely, and give the correct medication. When that trust is broken, the result can be a worsened illness, a second surgery, or a permanent disability. A medical malpractice lawyer in Chicago, IL can investigate what went wrong, meet Illinois’ strict filing requirements, and pursue compensation from the responsible providers. Jacobson Injury Firm represents patients and families harmed by medical negligence in Chicago. Contact the firm for a free consultation.

How Medical Malpractice Claims Work in Illinois

Medical malpractice means a health care provider failed to meet the standard of care, which is the level of care a reasonably careful provider in the same field would give, and that failure caused harm. A bad outcome alone is not malpractice. The patient must show both a departure from the standard of care and an injury caused by it.

Illinois requires an early expert review before a malpractice lawsuit can move forward. Under 735 ILCS 5/2-622, the patient’s attorney must attach an affidavit to the complaint stating that the case was reviewed by a health professional who:

• Is knowledgeable in the relevant medical issues
• Practices, or has practiced or taught within the last 6 years, in the same area of medicine at issue
• Is qualified by experience or demonstrated competence in the subject of the case

That reviewer must prepare a written report, often called the health professional’s report, concluding that there is a “reasonable and meritorious cause” for the lawsuit. A copy of the report must be attached to the affidavit, and a separate affidavit and report are required for each defendant. When the defendant is a hospital or medical doctor, the report generally must come from a physician licensed to practice medicine in all its branches. Failing to file the affidavit is grounds for dismissal.

Where Chicago Medical Malpractice Cases Are Handled

Chicago is home to several large academic medical centers, along with community hospitals, outpatient surgery centers, and private practices across the city. Many patients see multiple specialists in different systems, so a single case may involve records from several providers.

Lawsuits seeking more than $30,000 in the city of Chicago are heard by the Law Division of the Circuit Court of Cook County, which lists medical malpractice among its case types. The division’s main location is the Richard J. Daley Center in downtown Chicago.

Common Types of Medical Malpractice

Jacobson Injury Firm reviews a wide range of medical negligence claims, including:

• Misdiagnosis and delayed diagnosis.According to the federal Agency for Healthcare Research and Quality, missed or delayed diagnoses, particularly of cancer, are a prominent reason for malpractice claims.
• Surgical errors.Wrong-site, wrong-procedure, and wrong-patient surgery are classified as never events, meaning errors that should never occur. Hospitals are expected to use site marking and a “time out” before invasive procedures to prevent them.
• Medication errors.The FDA defines a medication error as any preventable event that may cause or lead to inappropriate medication use or patient harm. Examples include the wrong drug, the wrong dose, and confusion between look-alike labels or drug names.
• Anesthesia mistakes, including errors in dosing or monitoring during a procedure
• Failure to obtain informed consent, when a patient was not told about the known risks of a procedure
• Birth injuriesto a mother or baby during labor and delivery, which have their own deadline rules for children

What Compensation Can a Malpractice Victim Recover?

An injured patient may seek compensation for:

• Past and future medical bills, including corrective treatment
• Lost wages and reduced ability to earn a living
• Rehabilitation, in-home care, and medical equipment
• Pain and suffering, disability, and disfigurement
• Loss of a normal life

Illinois does not cap these damages in medical malpractice cases. In 2005, the legislature limited noneconomic damages, such as pain and suffering, in malpractice cases. On February 4, 2010, the Illinois Supreme Court held in Lebron v. Gottlieb Memorial Hospital that the cap violated the separation of powers clause of the Illinois Constitution and was invalid. A jury decides the full amount based on the evidence.

Punitive damages work differently. Under 735 ILCS 5/2-1115, punitive damages are not allowed in medical malpractice cases, so the claim focuses on compensating the patient.

Proving Negligence and the Role of Partial Fault

Malpractice cases are won or lost on medical evidence. Each side typically relies on expert witnesses to explain what the standard of care required and whether the provider’s choices caused the harm. Providers often argue that the patient’s underlying illness, not the treatment, caused the outcome. The firm’s article on how strong a personal injury case is explains how evidence affects a claim’s value.

Illinois also applies a modified comparative fault rule to negligence claims. Under 735 ILCS 5/2-1116, a patient found more than 50% responsible for their own injury cannot recover. A patient found 50% or less at fault can recover, but the award is reduced by that share. In a malpractice case, a defense may claim the patient ignored medical advice or missed follow-up appointments.

What Should You Do If You Suspect Medical Malpractice?

A patient who believes a provider made a serious error should:

• Get safe, appropriate care first.A second opinion from a different provider can address the injury and document it.
• Request the medical records.Under 735 ILCS 5/8-2001, patients have the right to examine and copy their health care records.
• Keep a written timeline.Note dates, symptoms, the names of providers, and what each one said.
• Save bills and pharmacy records.Medication packaging and labels can be important evidence in a medication error case.
• Avoid discussing the case with the provider’s insurerbefore speaking with an attorney.

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

735 ILCS 5/13-212 sets two limits for claims against physicians, dentists, registered nurses, and hospitals:

• The 2-year rule:a lawsuit must be filed within 2 years after the patient knew, or reasonably should have known, of the injury, or received written notice of it, whichever happens first.
• The 4-year limit:in no event may the lawsuit be filed more than 4 years after the act or omission that caused the injury. This outer limit, called a statute of repose, can apply even if the patient did not yet know about the error.

Different rules apply to patients who were under 18 when the claim arose. If a provider fraudulently concealed the malpractice, 735 ILCS 5/13-215 allows a claim within 5 years after the patient discovers it. When malpractice causes a death, the Wrongful Death Act generally requires filing within 2 years after the death.

No Fee Unless We Win

Jacobson Injury Firm handles medical malpractice cases on a contingency fee basis. There is no upfront cost, and no attorney fee is owed unless the firm recovers compensation.

The firm represents patients and families only. Clients work directly with attorney Adam Jacobson, who is licensed in Illinois, Florida, New York, and Connecticut. He prepares each case as if it may go to trial.

More information is available on the firm’s Chicago personal injury page and its full list of practice areas. Families can also read client testimonials.

Frequently Asked Questions

Is a bad outcome the same as medical malpractice?

No. Many treatments carry risks even when performed correctly. A medical malpractice claim requires proof that the provider fell below the standard of care and that this caused the injury.

Does Illinois limit how much a malpractice victim can recover?

Illinois has no cap on compensatory damages in medical malpractice cases. The Illinois Supreme Court struck down the state’s cap on noneconomic damages in Lebron v. Gottlieb Memorial Hospital in 2010. Punitive damages, however, are not available in these cases.

What is a 2-622 affidavit and health professional’s report?

It is a filing required by 735 ILCS 5/2-622. The attorney certifies that a qualified health professional reviewed the case, and the professional’s written report explaining why the claim has merit is attached. If the deadline is close, the law allows the report to be filed within 90 days after the complaint.

Can a medical malpractice case be filed against a hospital?

Yes. Section 13-212 expressly covers claims against licensed hospitals, as well as physicians, dentists, and registered nurses. Whether a hospital is responsible depends on who made the error and the hospital’s role in the patient’s care.

How much does a medical malpractice lawyer cost?

Jacobson Injury Firm works on a contingency fee basis. Clients pay nothing upfront, and there is no attorney fee unless money is recovered.

Contact a Medical Malpractice Lawyer in Chicago, IL

Jacobson Injury Firm’s Chicago office is listed on its Google Business Profile: Jacobson Law Offices, 1 E Erie St Ste 525, Chicago, IL 60611. Illinois’ short deadlines and expert review rules leave little room for delay. A medical malpractice lawyer in Chicago, IL can obtain the records, arrange a qualified medical review, and explain the patient’s options. Contact Jacobson Injury Firm today to schedule a free consultation.