Chicago Medical Malpractice Lawyers

When a doctor, nurse, hospital, or other healthcare provider injures a patient by failing to provide care that meets the accepted medical standard, the patient may have a medical malpractice claim. These are among the most complex cases in personal injury law, and they require a thorough investigation and the involvement of qualified medical experts. The Chicago medical malpractice attorneys at McDevitt & Cobb, P.C. have the experience and resources to take them on.

We place our health, and often our lives, in the hands of healthcare providers. The overwhelming majority of doctors and nurses are skilled and careful. Unfortunately, serious and preventable mistakes do happen – and when they do, the consequences for the patient and their family can be permanent. If you believe that you or a loved one was harmed by a medical mistake, it is important to have the care reviewed by an attorney experienced in handling these claims.

What Is Medical Malpractice?

Medical malpractice – sometimes called medical negligence – occurs when a healthcare provider’s care falls below the “standard of care” and that failure causes injury to the patient. The standard of care is the level of skill, knowledge, and caution that a reasonably careful provider in the same field would have used under similar circumstances.

It is important to understand that not every bad medical outcome is the result of malpractice. Medicine involves risk, and even appropriate treatment can lead to a poor result. A claim exists only where the provider failed to do what a reasonably careful provider would have done, and that failure caused harm. Whether a particular outcome resulted from negligence or from the known risks of treatment is a question that should be reviewed with an experienced attorney and qualified medical experts.

Common Types of Medical Malpractice Claims

Medical malpractice claims can arise in many settings – hospitals, surgical centers, clinics, nursing homes, and private practices. Some of the most common include:

Surgical Errors

Operating on the wrong site, injuring an organ or nerve, or leaving an instrument or sponge inside the patient.

Misdiagnosis and Delayed Diagnosis

Failing to diagnose – or diagnosing too late – a serious condition such as cancer, heart attack, stroke, or infection, delaying or preventing the treatment the patient needed.

Birth Injuries

Injuries to a mother or baby caused by the failure to monitor the pregnancy, recognize fetal distress, or perform a timely cesarean section.

Medication and Pharmacy Errors

Prescribing or dispensing the wrong drug, the wrong dose, dangerous drug interactions, or failing to account for a known allergy.

Anesthesia Errors

Administering too much or too little anesthesia, or failing to properly monitor the patient’s vital signs.

Failure to Obtain Informed Consent

Performing a procedure without first advising the patient of its material risks and reasonable alternatives.

Hospital and Nursing Negligence

Inadequate staffing, failure to monitor a patient’s condition, falls, pressure sores, and hospital-acquired infections.

Emergency Room Errors

Failing to properly evaluate, test, or treat a patient in the emergency department.

Proving a Medical Malpractice Claim

Medical malpractice cases are governed by well-established legal requirements. To recover compensation, the injured patient generally must prove each of the following:

1. The healthcare provider owed the patient a duty to provide care consistent with the applicable standard of care;
2. The provider deviated from, or breached, that standard of care;
3. The provider’s deviation from the standard of care caused the patient’s injury; and
4. The patient suffered damages as a result.

The standard of care and the cause of the injury must almost always be established through the testimony of qualified medical experts who practice in the same field as the provider being sued. Obtaining the complete medical records, identifying the right experts, and reconstructing exactly what happened are essential – and they are among the reasons these cases should be handled by an attorney with experience in medical negligence litigation.

Illinois Requirements for Filing a Medical Malpractice Case

Illinois law imposes specific requirements on medical malpractice (“healing art malpractice”) cases that do not apply to other personal injury claims.

Affidavit and Health Professional’s Report

Before a medical malpractice lawsuit can move forward in Illinois, the complaint must be accompanied by an attorney’s affidavit and a written report from a qualified, licensed health professional. That report must state that there is a reasonable and meritorious basis for the lawsuit. This requirement (commonly called a “Section 2-622 affidavit”) is intended to screen out claims that lack merit, and it means meaningful investigation must be completed before a case is even filed.

Deadlines to File

Illinois law also places strict deadlines on medical malpractice claims:

1. In general, an adult must bring a claim within two years from the date the patient knew, or reasonably should have known, of the injury.
2. Regardless of when the injury is discovered, a claim generally cannot be brought more than four years after the date of the act or omission that caused it. This four-year limit is known as the “statute of repose.”
3. Different rules apply to claims involving children. A claim for an injury to a minor generally must be brought within eight years of the act or omission, and in no event after the minor’s twenty-second birthday.

These deadlines are strict, and there are important exceptions that depend on the specific facts of each case. Because evidence must be gathered and a qualified medical professional must review the care before a case can be filed, it is critical to speak with an attorney as soon as you suspect that medical negligence may have occurred. Waiting can permanently bar an otherwise valid claim.

Compensation in a Medical Malpractice Case

A patient harmed by medical negligence may be entitled to recover compensation for the harm they have suffered, which can include:

1. Past and future medical expenses for the care needed to treat the injury;
2. Lost wages and the loss of future earning capacity;
3. Pain and suffering;
4. Disability, disfigurement, and the loss of a normal life.

When medical negligence results in death, Illinois law allows the surviving spouse and next of kin to bring a wrongful death claim for the losses they have suffered. The compensation available in any case depends on the nature and severity of the injury, and it should be carefully evaluated by an attorney.

Medical Malpractice Case Results

$3,450,000 SETTLEMENT – Client who suffered vision loss as the result of a surgical error.

$2,000,000 SETTLEMENT – Estate’s claim that a 67-year-old unmarried father of three adult children died as the result of an undiagnosed heart attack over the course of a three-day hospitalization.

$1,950,000 SETTLEMENT – Settlement on behalf of a child whose mother was provided prescription medication in a group home when her pregnancy went undiagnosed.

$1,000,000 SETTLEMENT – Estate of a woman whose postoperative ileus was not properly managed.

Results may vary depending on your particular facts and legal circumstances.

Why These Cases Require an Experienced Attorney

Medical malpractice cases are among the most complex and hard-fought claims in personal injury law. They require detailed medical records, qualified expert witnesses, and a significant investment of time and resources – and they are vigorously defended by hospitals, providers, and their insurers. Drawing on 35 years of injury law experience, McDevitt & Cobb has the knowledge, the resources, and the determination to take these cases on. We handle every step of the process so that you and your family can focus on healing.