Chicago Medical Malpractice Lawyer
Medical errors are the third leading cause of death in the United States, killing about 400,200 people every year. In Illinois alone, there are about 400 medical malpractice payments made annually, totaling millions of dollars.
However, doctors and hospitals that commit medical errors are often unwilling to come forward voluntarily. It takes brave citizens, with the help of lawyers, to hold these medical practitioners accountable for malpractice.
At Levin & Perconti, we have recovered nearly a billion for our clients. We can conduct a free, no-obligation analysis of your situation, to reveal your potential reimbursement for the harm caused by medical malpractice.Real Results: Battling Medical Malpractice
We help Illinois residents recover from medical malpractice and receive the reimbursement they need for rehabilitation and life-changing medical circumstances. We’ve seen many people struggle with traumatic medical errors, and will support you through the entire litigation process.Facts About Levin & Perconti:
- Won nearly a billion in total client compensations
- Achieved numerous record-setting multi-million dollar settlements for Illinois families
- On the nation’s best lawyer lists, including the Illinois Top 100 and Best Lawyers in America
- Our founder, Steven Levin, is a nationally-known attorney and public speaker, and has been powerful voice in Illinois law since the 1970s
“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. Perconti 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.”
-W.R., medical malpractice clientWhy is There so Much Medical Malpractice?
There are approximately 15,000 to 19,000 malpractice suits filed each year in the U.S. - a truly mind-boggling number of lawsuits, considering how many malpractice situations aren’t even pursued legally. About 80,000 to 100,00 people die due to misdiagnoses, and another 195,000 die of other preventable mistakes.
Health care is complex and, unfortunately, leaves a lot of room for error. However, some acts of medical malpractice are purely caused by the carelessness and intentional acts of medical staff. They might be busy, sleep-deprived, or stressed out, but there is no excuse for medical malpractice.
Here’s something startling about the prevalence of medical malpractice: 1 in 3 people experience errors during a medical visit, but the majority don’t even realize it. Constant errors, which become almost routine in poorly-managed medical operations, can become invisible in the day-in, day-out of health care.
Our attorneys represent clients who have been injured or killed by careless health care providers - hospitals, doctors, nurses, psychiatrists, dentists, chiropractors, podiatrists and more. Sometimes a negligent act by a medical professional doesn’t rise to the level of a crime, but absolutely DOES provide the basis of a medical malpractice lawsuit.
Medical malpractice is often the result of things like:
- Reduced staffing or hours of monitoring at medical facilities
- Failure to hire and train skilled medical workers
- Not following medical guidelines or Illinois laws
- Unethical and neglectful procedures
- Doctors who practice non-standard methods
Although hospitals and doctors may not be motivated to discuss medical errors, Levin & Perconti works to uncover the truth. We hold them accountable for medical malpractice.Medical Malpractice: A Scenario
Failure to administer medical tests, making misdiagnoses, and reading test results improperly contribute to the majority of medical malpractice suits. In the following scenario - which is a real case handled by Levin & Perconti - a pregnant mother suffered a devastating medical error.
The mother-to-be visited an Illinois medical provider for ongoing prenatal care. During the course of her care, the provider failed to test her for Group B strep. This is a routine test that should be performed by every prenatal provider, according to decades of recommendations from the World Health Organization, Journal of the American Medical Association, and other medical authorities.
The test that was never taken for Group B strep would have been positive. The mother had the illness, and therefore passed it to her daughter during delivery. As a result, the baby developed meningitis and now suffers permanent brain damage.
Levin & Perconti helped this suffering mother secure a $9 million medical malpractice settlement against the medical provider. Although the settlement can never undo the damage that was done, it helps the mother with ongoing support for her daughter.What Qualifies as Medical Malpractice?
Medical malpractice is one of the least commonly-understood aspects of law. If there’s one thing we want our clients to understand, it’s that a medical provider does not have to commit a criminal act to commit medical malpractice.
Medical malpractice encompasses any act or omission that deviates from medical standards, causing harm to the patient. Of course, it can be hard for the layman to know what exactly the medical standards are - and that’s where Levin & Perconti comes in. We serve as advocates and guides to help you understand medical malpractice.
Levin & Perconti has represented clients in cases about:
- Missed diagnosis
- Delayed diagnosis
- Lack of informed consent
- Birth injuries
- Healthcare provider errors
- Misread X–rays, slides, and ultrasounds
- Medical device errors
- HMO misconduct
- Medication/pharmaceutical errors
- Spinal cord injuries
- Dental malpractice
- Nursing home abuse and neglect
In general, a plaintiff in a medical malpractice lawsuit must prove 5 things in order to prevent having a lawsuit dismissed by the court:
- There was a doctor-patient relationship
- There was a duty of care that the doctor should have provided
- The doctor breached the duty of care
- The breach of care caused the patient’s injuries
- The patient suffered damages as a result: physical, emotional, financial
To hold a doctor liable for your injury, you and your attorney will need to show that they deviated from acceptable medical practices and standards. In fact, you’ll need to prove that another, more competent, doctor would have acted differently to prevent harm.Things to Keep in Mind About Medical Malpractice
It can happen at any stage in the medical service process - during diagnosis, treatment, recovery, or advice following treatment.
It can also happen at any kind of medical facility, from a walk-in clinic to an emergency room to a specialized surgical center.
To prove malpractice, you will need a medical report from a consulting physician, under Illinois law. This physician will provide an explanation of medical standards and how your treatment would normally be handled.
You may also need additional testimony from incident witnesses or expert witnesses. Rely on your attorney’s advice about witness testimony.
There is a statute of limitations that is generally within 2 years of the incident or discovery date, and not more than 4 years from the incident. Lawsuits involving minors must be brought before they turn 22 years old and within 8 years of the alleged incident.
The severity of your injury may contribute to a decision about pursuing your case. In terms of litigation and economic value, only in the most severe cases do the benefits outweigh the costs. We’ll help you do a calculation that makes this clearer for your individual case.
Prepare yourself: Medical malpractice lawsuits are some of the longest-term legal cases out there. It may take months or years to prepare your case and bring it to court. In addition, your case might be tried by either a judge or jury - which varies the timing - and it might be delayed or appealed as a part of the legal process.How Does Levin & Perconti Help?
It can be difficult and traumatic to cope with incidents of medical malpractice. Our #1 priority is guiding you through this challenging time, to protect and reimburse you for the suffering you and your loved ones have experienced.Levin & Perconti Will:
- Review your case to ensure it meets legal standards for malpractice
- Research reports from state and federal regulators
- Request medical records from health care providers
- Investigate bills, billing procedures and Medicare payments
- Ensure access to charts and files from medical providers
- Facilitate photographs when necessary
- Connect with witnesses and expert witnesses
- Take depositions, which will be used in court
- Help you understand standards of care that medical providers must meet
- File lawsuits and negotiate settlements, depending on our situation and preferences
- Take you seriously and support you during the entire process
One thing is for sure: You shouldn’t “go it alone” when trying to fight medical malpractice. Just under 30% of cases result in a financial recovery for the plaintiff, even with the help of an experienced attorney. These are tough battles to win.
Another thing to keep in mind is that medical professionals often go unpunished for medical errors. They may not be held accountable by police, the legal system, medical organizations, or even their own employers. This can be emotionally challenging for victims of malpractice.
It can be tough to set aside your emotional struggles and focus on the legal aspects of your situation. You may never receive an apology or acknowledgment of any kind from the medical provider - whether you win a legal battle or not.
However, here’s some good news: Illinois is #7 among all states in total medical malpractice payouts per capita - meaning if you win, you may recover a large amount of money. Illinois sees between $80 million and $300 million in medical malpractice payouts per year.What Kind of Payout can I Expect?
At Levin & Perconti, our clients often ask what kind of payout they might expect in a malpractice situation. Of course, this is a hard question to answer, because there is a lot of variation depending on your situation.
An estimate is never a guarantee, but it’s helpful to have some idea of what you can anticipate in a medical malpractice suit. Let’s look at some nationwide statistics.
U.S. average payouts by severity of outcome:
These are averages. Your payout may be much more or less.
- Brain damage, quadriplegic, or lifelong care: $1.13 million
- Major permanent injury: $622,168
- Significant permanent injury: $450,251
- Death: $385,648
- Major temporary injury: $215,247
- Minor permanent injury: $205,316
- Minor temporary injury: $75,502
- Emotional injury: $75,392
$17.7 million in N.N. for G.N. v. R.D. et al.
Levin & Perconti negotiated a medical malpractice settlement for a former police officer who suffered a life-altering brain injury by nursing staff negligence at a Chicago hospital.
$14 million in S.H. v. Northwestern Memorial Hospital
This record-high verdict was secured against a doctor and hospital for ignoring abnormal chest X-ray results, which caused a substantial delay in the diagnosis of lung cancer.
$7.62 million in D.G./estate of M.G. v. Mario Yu, M.D. et al.
We won a verdict against an HMO doctor who disregarded the mother's complaints of postpartum bleeding, which resulted in her death.
Levin & Perconti has helped thousands of clients in more than four decades of practice, securing over $660 million in total compensations for our clients. But don’t let the numbers fool you - we think beyond the payouts, to the whole human being who is harmed by medical malpractice. We’re here to support you.Take Action Against Medical Malpractice
If you have experienced medical malpractice in Chicago or throughout Illinois, take action and immediately contact Levin & Perconti online or call us at 877-374-1417 or 312-332-2872 to set up a free consultation with an experienced Chicago medical malpractice lawyer.Request a Free Consultation
Our consultations are free, confidential, convenient, and respectful of your difficult experience. No other legal team in Illinois has a track record like ours. We’re ready to help you recover from medical malpractice and get the reimbursement you deserve.
“I have nothing but praise for everyone at Levin & Perconti. Ken Unterberg, Caroleann Gallagher, Nadia Adam Ahmed, and Cari Silverman were all people I have had contact with at this law firm. Each and every one has been very professional, kind, patient and helpful. They take the time to explain every single detail and provide excellent information that allows for an informed decision. I felt that they had our best interest at heart and they went the extra mile to do all they could for us. I know we were more than adequately represented with our case. My thanks to everyone, especially Cari Silverman!!”-MaryAnn Cernyar