Medical Malpractice

Medical malpractice (or medical negligence) occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet the accepted standard of care resulting in serious injury or death. At its core, medical malpractice is not simply a “bad outcome” — it requires proof that the provider failed to act reasonably careful, which caused the injuries or death.

Our trial lawyers are experienced in evaluating, investigating, and proving medical negligence in consultation with the appropriate medical experts and professionals.

Common Scenarios of Medical Malpractice or Negligence

• Misdiagnosis or delayed diagnosis (e.g., cancer, heart attack, stroke, hemorrhage)
• Birth injuries (e.g., delayed C-section, prolonged labor, hypoxic-anoxic oxygen deprivation, stillbirths)
• Surgical error (e.g., wrong site, retained foreign object, anesthesia error, improper implants, iatrogenic injuries/perforations)
• Medication or dosage mistakes (e.g., overdose, wrong medication errors)
• Failure to monitor or respond to complications (e.g., postoperative infection, internal bleeding, sepsis)
• Radiology errors (e.g., misread imaging, failure to follow up on abnormal imaging)
• Inadequate follow-up care, failure to warn of risks, or improper discharge instructions

What Clients Can Recover

The economic and non-economic consequences of medical malpractice can be devastating.  We work to ensure our client-victims of medical malpractice recover past and future damages stemming from medical negligence, including: medical bills, ongoing and future care needs, lost wages, diminished future earning capacity, pain and suffering, loss of enjoyment of life, and emotional distress. In cases of medical malpractice resulting in wrongful death, families may recover significant damages under the Illinois Wrongful Death Act and Survival Act.

Procedural and Timing Rules

• The statute of limitations for medical malpractice actions is generally two years from the date the patient knew (or should have known) of the injury or death, or from written notice of injury — but in no event more than four years from the date of the negligent act or omission (statute of repose). In some cases involving federally-funded healthcare providers, the statute of limitation may be shorter, which is why it is critical to contact us as soon as possible.
• Illinois, for example, extends the filing window for minors: a malpractice claim can be filed up to eight years after the injury, but not beyond the child’s 22nd birthday.
• Because many injuries from medical error (e.g., surgical negligence) are not immediately apparent, the “discovery rule” often dictates when the limitations period begins — increasing the importance of early legal evaluation and preservation of medical records.
• Laws and statutes of limitations vary by state: contact one of our expert attorneys today to learn more about your options. 

Why Clients Need Experienced Trial Counsel

Medical malpractice litigation typically involves voluminous medical records, complex causation issues, conflicting expert opinions, and intense pushback from hospitals and insurer-defense teams. Cases often require retention of qualified medical specialists, life care planners, economists, and demonstrative evidence. And because medical malpractice cases are always well-defended, these cases often are decided at trial – which is why it is critical to hire a team of experienced trial lawyers to prosecute your case.