Harmed by a Medical Error in Chicago?

If you believe a medical error has harmed you, your first priority is your health. See another doctor at a different hospital or practice for an independent evaluation of your condition. A second opinion can confirm whether something went wrong and ensure you receive the correct treatment going forward.

Chicago is home to world-class medical centers including Northwestern Memorial Hospital, the University of Chicago Medical Center, Rush University Medical Center, Loyola University Medical Center, and Advocate Illinois Masonic Medical Center. Seek an evaluation from a provider unaffiliated with the one you believe made the error.

Under Illinois law (735 ILCS 5/8-2001), you have the right to obtain a complete copy of your medical records. Submit your request in writing to the hospital or provider. They are required to respond within 30 days and may charge a reasonable copying fee.

Your medical records are the most essential evidence in a malpractice case. Request records from every provider involved in your care — the hospital, the treating physician, any specialists, labs, imaging centers, and pharmacies. Do not rely on the provider to give you a summary. Ask for the complete chart, including nursing notes, operative reports, medication administration records, and discharge summaries.

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and that failure causes injury to the patient. Not every bad outcome is malpractice — medicine involves inherent risks. The key question is whether the provider deviated from what a competent provider in the same specialty would have done under the same circumstances.

Common types of medical malpractice include surgical errors, misdiagnosis or delayed diagnosis, medication errors, birth injuries, failure to order appropriate tests, failure to follow up on abnormal results, and hospital-acquired infections. If you experienced any of these and suffered harm as a result, you may have a claim.

Illinois has two critical deadlines for medical malpractice cases under 735 ILCS 5/13-212. The statute of limitations gives you two years from the date you knew or should have known about the injury to file a lawsuit. The statute of repose sets an absolute four-year deadline from the date the malpractice actually occurred, regardless of when you discovered it.

For minors, the statute of limitations is extended until the child turns 22 years old, or eight years from the date of the malpractice, whichever comes first. If the malpractice occurred at a government-run facility, shorter notice deadlines may apply. These are among the strictest deadlines in Illinois personal injury law, and missing them permanently bars your claim.

Under 735 ILCS 5/2-622, before a medical malpractice lawsuit can be filed in Illinois, your attorney must attach an affidavit from a qualified medical professional. This expert must be licensed in the same specialty as the defendant and must state that there is a reasonable and meritorious cause for filing the case.

This certificate of merit requirement is designed to screen out frivolous claims, but it also means your attorney must conduct a thorough investigation before the case is even filed. The expert review, record analysis, and affidavit preparation take time. This is one of the most important reasons to contact a medical malpractice attorney as early as possible — the certificate of merit process cannot be rushed.

In 2010, the Illinois Supreme Court struck down statutory caps on non-economic damages in medical malpractice cases in Lebron v. Gottlieb Memorial Hospital, ruling them unconstitutional. As a result, there are no caps on the amount of compensation you can seek in Illinois.

Damages in a medical malpractice case may include past and future medical expenses, lost wages and reduced earning capacity, pain and suffering, emotional distress, permanent disability or disfigurement, and wrongful death damages if a loved one died as a result of malpractice. The value of your case depends on the severity of the injury, the strength of the evidence, and the impact on your life.

After a suspected medical error, the hospital’s risk management team or the provider’s malpractice insurance company may contact you. They may express concern and offer to help. Their goal is to protect the hospital and the provider, not you.

Do not sign any releases, waivers, or authorizations. Do not give a recorded statement. Do not accept any payment or settlement offer without first consulting an attorney. Anything you say or sign can be used to undermine your claim later.

Medical malpractice is widely considered the most complex area of personal injury law. Cases require extensive medical record review, expert analysis, and the preparation of a certificate of merit before a lawsuit can even be filed. The strict deadlines in Illinois make early action critical.

Most medical malpractice attorneys offer free initial consultations and work on a contingency fee basis — you pay nothing unless they recover compensation for you. An experienced attorney will review your records, consult with medical experts, prepare the certificate of merit, and handle all negotiations with the defense. Do not wait — the statute of limitations and the certificate of merit process both demand early engagement.