If you or a loved one has been a victim of medical negligence in Chicago, an experienced Chicago medical malpractice lawyer is here to help. Our personal injury law firm has a proven track record of successfully handling medical malpractice cases and advocating for victims to recover compensation they deserve.
In this Article
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional provides negligent or substandard care that harms a patient. Healthcare provider and hospital negligence can involve misdiagnosis, surgical errors, medication mistakes, or failure to diagnose or treat a condition. Such cases are often complex, requiring a deep understanding of both medical and legal systems.
Two primary state departments have jurisdiction over different aspects of medical malpractice and negligence. The Illinois Department of Financial and Professional Regulation (IDFPR) oversees the licensing and disciplinary actions for individual healthcare providers, and the Illinois Department of Public Health (IDPH) has jurisdiction over the regulation and safety of healthcare facilities (including Chicago hospitals).
What Is NOT Medical Malpractice?
Medical malpractice isn’t merely an unfavorable treatment outcome. Proving medical malpractice requires evidence that a healthcare provider’s conduct fell below the standard of physicians and other medical personnel.
Some common mistakes that do not qualify as medical malpractice include:
Severe health complications during a procedure that were beyond the control of the healthcare provider
Failed treatments or procedures that were within standard practice and did not result in any significant harm to the patient
A poor outcome from a treatment or procedure that was properly performed, within the standard of care, but worsened the patient’s medical condition
Do I Need a Medical Malpractice Attorney?
A report from Johns Hopkins revealed that diagnostic errors cause serious harm to an estimated 795,000 American medical malpractice victims each year across medical facilities. Stroke misdiagnosis ranks as the #1 diagnostic error.
If you suspect malpractice, our Chicago medical malpractice lawyers can help prove your claim by:
Establishing a duty of care: doctors and other medical professionals must give patients the standard of care expected in their field.
Proving your medical provider breached their duty of care: medical professionals who fail to meet expected standards in diagnosing, treating, or guiding patients violate their duty to provide proper medical care and may be held accountable if this negligence causes harm.
Proving your condition was the result of negligence: for a malpractice claim to succeed, we must demonstrate that the healthcare provider’s substandard care resulted in severe consequences.
Showing harm: we’ll show that the harm resulted in financial, physical, or emotional damages.
What Can I Expect from a Chicago Medical Malpractice Lawyer?
A medical malpractice attorney will manage every aspect of your case, including investigating your claim by gathering medical records, expert witness testimony, and other evidence. They will consult with medical experts to establish the standard of care and demonstrate negligence, negotiate with insurance companies on your behalf to secure fair compensation, and represent you in court if needed.
What Is the Leading Cause of Malpractice Claims?
Data indicates that diagnostic errors—including misdiagnosis and delayed diagnosis—are the leading cause of medical malpractice claims in the United States. These diagnostic failures, which can constitute up to 58% of claims in high-risk areas, have overtaken medication errors as the primary driver of litigation.
Common Types of Medical Malpractice Cases in Chicago, IL
Our Chicago medical malpractice attorneys are experienced in many types of medical negligence cases:
Missed or incorrect diagnosis
Delayed diagnosis or failure to diagnose
Birth injuries, such as cerebral palsy, brachial plexus injuries, and fetal distress syndrome (NRFS)
Surgical errors and anesthesia mistakes
Leaving a foreign object inside a patient after surgery
Failure to monitor the patient’s vital signs
Medication errors—wrong medication prescriptions
Nursing home abuse
Failure to obtain informed consent
Common Types of Injuries from Medical Malpractice in Chicago
Common injuries that can lead to a successful Illinois medical malpractice claim include:
Brain injuries—damage to brain cells
Paralysis—loss of muscle function
Infection caused by unsanitary practices or poor surgical techniques
Organ damage from errors during medical procedures
Wrongful death—a fatality from preventable medical errors or omissions
Chronic pain—which may arise from inappropriate medical treatment
Disfigurement—alteration of appearance through surgical or treatment errors
Loss of limb—when amputation was caused by wrongful medical practices
Psychological trauma—mental suffering due to medical malpractice incidents
What Compensation Can I Receive for Medical Malpractice?
You may be eligible for damages, including medical bills and other medical expenses (both current and future), pain and suffering, lost earning potential, rehabilitation costs, mental health counseling, disfigurement and disability, lost wages and benefits, diminished quality of life, and (in cases of wrongful death) funeral and burial expenses.
Can I Recover Malpractice Compensation If I Had a Preexisting Condition?
Yes, you often can. Numerous medical malpractice cases involve patients with preexisting conditions. If a doctor or healthcare provider’s negligence worsened your condition, you may still be eligible to seek compensation through a malpractice claim in Chicago.
What Is My Malpractice Case Worth?
The compensation for your medical negligence claim depends on your specific situation. An experienced medical malpractice lawyer can evaluate your case by looking at factors like the severity of your injury, how it affects your quality of life, and whether you need ongoing medical care.
Illinois Has a Statute of Limitations for a Medical Malpractice Lawsuit
In Illinois, medical malpractice lawsuits have a short statute of limitations. Under 735 ILCS §5/13-212(a), you typically have two years to file.
Will I Need to Go to Court for My Malpractice Case?
According to the American Bar Association (ABA), few lawsuits make it to trial. Most malpractice claims are resolved out of court through negotiations with providers and insurers in health care. If the provider is uninsured, your personal injury lawyer may need to file a medical malpractice suit.
How Long Will It Take to Receive My Settlement Check?
It can take several months to a year or more to receive a settlement check from Illinois medical malpractice cases. The time frame depends on the complexity of your case, whether it goes to trial, and how quickly the involved parties are able to reach a fair settlement agreement.
Contact Our Chicago Medical Malpractice Team
If you suffered a serious injury due to a medical mistake within a doctor-patient relationship, you may be entitled to financial compensation. Our experienced medical malpractice attorneys are here to help you secure the compensation you deserve.
Our medical malpractice law firm offers a free consultation to review the injuries you or a loved one has suffered and explore potential compensation from the responsible parties.
The Kryder Law Group, LLC has years of experience handling these matters and fighting for medical malpractice victims.
$7.5 Million
Recovery for a construction worker injured when a support wall fell and struck him. (Highest award on record for a construction injury in DuPage County at the time).
$3.2 Million
Recovery for a construction worker injured when he fell in an uncovered foundation trench, ranking as the highest award on record for a construction injury in McHenry County at the time.
$3 Million
Recovery for the family of a man struck by a garbage truck that was making an illegal turn.
$2.2 Million
Recovery for a salesman injured in an automobile collision.
$2 Million
Recovery for a man struck by a speeding vehicle as he waited for the CTA bus.
$1.5 Million
Recovery for a truck driver that was struck by another car on the expressway while his vehicle was disabled.
$1.4 Million
Recovery for a computer programmer that slipped and fell in the washroom at work.
Recovery for a pedestrian struck by a vehicle in a parking lot. At the time, this was the second-highest recovery on record in DuPage County for a similar injury.
$800,000
Recovered for a disputed wrongful death claim against a trucking company. The company denied they were involved in the collision.
$660,000
Recovery for a truck driver that was injured while unloading his trailer.
$550,000
Recovery for a person who slipped and fell in a grocery store.
$550,000
Recovery for a woman who injured her neck in a motor vehicle collision.
$500,000
Recovery for a pedestrian that was struck by a vehicle while standing on the sidewalk.
$500,000
$500,000 Policy limit settlement for a 48-year-old woman injured in a Cook County head-on collision after another driver made an unsafe left turn into traffic.
$460,000
Recovery for a truck driver that tripped and fell in the parking lot while making a delivery.
$450,000
Recovery for a dental assistant who slipped and fell at work on an unnatural accumulation of ice.
$425,000
Recovery for a union worker struck by a speeding vehicle.
$425,000
Recovery for a passenger in a vehicle struck by an inexperienced driver.
$415,000
Recovered for a woman that required neck surgery after aggravating an existing neck injury in a truck accident.
$400,000
Recovery for a lab technician injured while transporting equipment.
$370,000
Recovery for a construction worker injured on faulty equipment at a construction site.
$315,000
Recovery for a motorist struck by a falling utility pole.
$310,000
Recovery for a person injured in a motor vehicle collision.
$300,000
Recovery for a bicyclist struck by a vehicle.
$250,000
Recovery for a young woman struck by another vehicle.
$250,000
Recovered for a woman who sustained a partial finger amputation and other injuries in a rollover car accident. (Policy Limits)
$250,000
Recovered for a man injured in a motor vehicle collision.
$250,000
Recovered for a 60-year-old woman involved in a car accident. (Policy Limits)
$250,000
Recovered for a man hit by a semi-truck while operating a go-cart.
$250,000
Recovered for an individual who suffered a severe knee injury after a slip and fall on a wet floor at a Will County retail store.
$240,000
Recovery for the injured party struck by another vehicle.
$235,000
Recovery for a person injured in a motor vehicle collision.
$235,000
Recovery for an inventory clerk injured when shelving toppled onto her.
$219,000
Recovery for a restaurant patron that slipped and fell in the bathroom.
$200,000
Recovered for an airline employee struck on the runway at O’Hare International Airport.
$190,000
Recovery for a person injured in a motor vehicle collision.
$175,000
Recovered for a child injured by fireworks at a fourth of July celebration.
$170,000
Recovered for a person injured when she slipped and fell exiting a major retail store.
$150,000
Recovered for a woman who fractured her leg when she was struck by a vehicle.
Latisha S.
Great service. They helped me get my money, and everyone was very pleasant even though the health insurance took a while. Everything was on point on Kryder’s side.
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