Do I Have a Medical Malpractice Case?

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Content last updated on: June 1, 2026

Content Reviewed by: Michael F. Bonamarte, IV

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Since 2005, Michael Bonamarte IV has been a passionate advocate for victims of negligent conduct, corporate malfeasance, and medical malpractice. He has won numerous awards and recognitions, including Best Lawyers in America and Super Lawyers’ Rising Star. He has presented for the American Association for Justice, the AAJ Nursing Home Litigation Group, the John Marshall Law School, and numerous other legal associations. He regularly lectures at Chicago-area aging organizations about nursing home abuse. His writings have been published by the American Bar Association, the Chicago Daily Bulletin, and numerous other prestigious publications.

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Key Takeaways

After experiencing a negative medical outcome, it can be tough to process exactly what happened. Was it an unavoidable risk of your treatment, or did a healthcare provider make a mistake? Medical professionals who fail to adhere to accepted standards of care can be held liable for medical malpractice.

However, a doctor can make a decision you don’t agree with — with negative consequences — and still have rigorously adhered to top medical standards. On this page, the experienced attorneys at Levin & Perconti will help you understand whether your case qualifies as medical malpractice.

How Can I Determine Whether I Experienced Medical Malpractice?

A valid medical malpractice case requires you to prove four key elements:

The healthcare provider owed you a duty of care as a patient to uphold professional standards in your treatment.
The provider breached that duty by failing to adhere to the accepted standard of care.
The provider’s breach of duty directly caused you to suffer harm.
You suffered compensable damages as a result of the provider’s breach.

Without each of these elements, your claims won’t succeed. For example, you may be able to prove your doctor breached their duty of care to you, but you can’t recover damages if you can’t show causation between that breach and your injuries.

What Are Some Signs of Medical Malpractice to Look Out For?

Medical malpractice can be tough to spot, especially as a regular person who has suffered a treatment-based injury. However, there are some red flags to look out for:

Your healthcare providers give conflicting information about what happened to you
Your doctor didn’t order a diagnostic test for a common condition, despite clear symptoms
You experience infection symptoms, unexpected pain, or unexplained weakness following surgery
Your surgical incision is in a different location than you were told to expect
You were prescribed a medication that your chart shows you are allergic to
There is missing or inconsistent information in your medical records
Another healthcare provider questions your treatment decisions

What Are Some Examples of Malpractice in Different Medical Specialties?

Medical malpractice can often look different depending on the medical specialty involved in your treatment. Some examples include:

Specialty	Possible Scenarios
Obstetrics & Gynecology	Failure to properly monitor or respond to distressed vitals Delayed emergency C-section in high-risk situations Improper use of forceps or vacuum extraction Undiagnosed or mismanaged gestational diabetes Failure to detect preeclampsia despite elevated blood pressure
Emergency Medicine	Delayed or missed diagnosis despite clear symptoms of injury or illness Discharging a patient with signs of a serious condition, such as appendicitis Medication errors, including incorrect dosage or wrong medication Failure to properly monitor a patient or manage pain Failure to stabilize a patient before discharge
General Surgery	Surgical instruments or materials left inside a patient Unintended organ damage or internal bleeding from poor technique Post-surgical infection caused by poor sterilization practices Failure to obtain proper informed consent before a procedure
Oncology	Delayed cancer diagnosis due to misread imaging or ignored symptoms Failure to order appropriate screenings such as colonoscopies or mammograms Incorrect chemotherapy dosage (too much or too little) Failure to monitor treatment side effects or drug interactions Unnecessarily aggressive treatment due to misdiagnosis

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

For adults, the Illinois statute of limitations for medical malpractice is almost always two years after the date you discover your injury, with some narrow exceptions allowing for four years. Regardless of your situation, it’s best to get started right away, as missing the filing deadline means losing your chance to pursue a claim.

The earlier you take legal action, the sooner you can find and preserve critical evidence, improving your chances at building a strong case and recovering the compensation you deserve.

How Does Levin & Perconti Investigate Medical Malpractice?

Our trusted Chicago-based medical malpractice lawyers start each case by listening intently to your experiences and concerns. After your initial consultation, here’s what you can expect from our malpractice claims process:

Our team will review your medical records and speak with the healthcare providers involved to better understand what happened.
We’ll consult with medical experts for an independent opinion on whether malpractice occurred and how it happened.
We’ll evaluate your case to assess potential damages and pursue the compensation you may be entitled to.
Your lawyer will communicate with the opposing party and their insurance company to negotiate a fair settlement.
If settlement talks fail, we’ll file a lawsuit and, if necessary, advocate for you in court to pursue a favorable outcome.

Suspecting Malpractice? Explore Your Legal Options Today

If you believe you may be a victim of medical malpractice, the experienced legal team at Levin & Perconti is ready to help you get justice. Contact us online or call (312) 332-2872 today to schedule a free consultation and learn more about your next steps.

Medical Malpractice FAQs

How Long Do Medical Malpractice Cases Usually Take?

The timeline for each medical malpractice case will depend on the unique circumstances involved, including the strength of the evidence, how bad the injuries are, the severity of the negligence, and whether the other party is willing to settle. Our team can review your case and help estimate how long it might take to resolve.

What's the Difference Between Malpractice and Regular Negligence?

Malpractice and medical negligence are one and the same. If your healthcare provider was negligent in your treatment, it would likely qualify as medical malpractice.

Can I Sue If I Signed a Waiver?

Signing a consent form does not prevent you from pursuing a medical malpractice case. You can agree to the risks of a particular treatment, but you did not agree to substandard care.

What if the Statute of Limitations Has Passed?

The statute of limitations typically signals the end of your opportunity to recover compensation for medical malpractice. However, there are some exceptions that may give you more time to file a claim. Our experienced medical malpractice lawyers can help you understand your situation.

Do I Have to Pay Up Front?

No, our medical malpractice attorneys do not charge upfront fees. We work on a contingency basis, so you won’t pay us unless you win your case.

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Client Testimonials

Margaret, Daisy and Bryan. This magnificent cohesive team led by Margaret represented us for my mom's nursing home wrongful death case.

They were most patient and responded timely to many questions throughout the entire process. All demonstrated professionalism and extensive knowledge of case and state laws. Their in-depth investigative work uncovered details which were unknown to us and yet sadly confirmed our suspicions. We would recommend the Levin and Perconti Law firm and especially this team.

Kathy and Ron

Mr. Levin, Mr. Perconti and the firm handled a medical malpractice suit for my family.

During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Peconti were more than just our lawyers. Words can't really express our gratitude. My family and I will always be grateful for the compassion that they showed us. I want to thank you for what you did for my family, and for always being there for us.

W.R., Medical Malpractice Client

Our deepest appreciation to the law firm of Levin & Perconti, and in particular to Margaret Battersby Black, in the handling of the lawsuit we filed on behalf of our sister who sustained life-threatening injuries as a nursing home resident.

Margaret's representation, guidance, and professionalism gave us the sense that we could put our trust in Levin & Perconti and the final outcome proved that to be true.

D.G., Nursing Home Client

I want to send my heartfelt thanks to John Perconti and the Levin & Perconti staff in taking our case.

Not only were they so professional but also so caring and thoughtful. It was very difficult going over the facts in our mother's case but they were so compassionate and understanding and allowed us to be with them every step of the way. We were able to sit in on the depositions and we were really able to see how hard they worked on our behalf.

M.R.Z., Nursing Home Client

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