Chicago Medical Malpractice Lawyer
At Levin & Perconti, we have recovered more than a billion dollars 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
- Facts About Levin & Perconti:
- Why is There so Much Medical Malpractice?
- Medical Malpractice: A Scenario
- What Qualifies as Medical Malpractice?
- Proving Medical Malpractice in Illinois
- Things to Keep in Mind About Medical Malpractice
- How Does Levin & Perconti Help?
- Levin & Perconti Will:
- Medical Malpractice: A Challenging Battle
- What Kind of Payout can I Expect?
- Medical Malpractice Cases won by Levin & Perconti
- Take Action Against Medical Malpractice
- Frequently Asked Questions (FAQs)
In the United States, nearly 800,000 Americans suffer permanent disability or lose their lives annually due to incorrect medical diagnosis. In Illinois alone, there are about 400 medical malpractice payments made annually, totaling millions of dollars. AMA states that one in three clinicians will be sued for medical malpractice at least once throughout their career, with some surgical specialties having an even greater chance of being sued.
However, doctors and hospitals that commit medical errors are often unwilling to come forward voluntarily. It takes brave citizens, with the help of experienced medical lawyers, to hold these medical practitioners accountable for 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 the Medical Malpractice Law Firm, 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
Is Medical Malpractice Common?
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 for 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.
Example of Medical Malpractice: A Real-Life 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:
- Anesthesiologist error
- Cancer misdiagnosis
- Heart attack misdiagnosis
- Delayed diagnosis
- Failure to diagnose
- 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
- Nursing home abuse and neglect
- Surgical errors
- Staph infections
- OB-GYN error
Video: Founding partner John Perconti answers the question – What Are Medical Malpractice Lawsuits?
Proving Medical Negligence in Illinois
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 Can Levin & Perconti Help Victims of Medical Negligence?
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.
Our nationally recognized medical lawyers 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
Medical Malpractice: A Challenging Battle
One thing is for sure: You shouldn’t “go at it alone” when trying to fight medical 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 annual medical malpractice payouts.
Medical Malpractice Settlement Amounts
At Levin & Perconti, our clients often ask what kind of payout they might expect in a malpractice lawsuit. Of course, this is a hard question to answer because there are a lot of variations 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
Medical Malpractice Cases won by Levin & Perconti
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.
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.
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.
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.
Frequently Asked Questions (FAQs)
A medical malpractice lawsuit is filed when someone is injured or killed because of the negligence of their medical providers. Unfortunately, every day, medical mistakes are made in Chicago’s hospitals, clinics, dentists’ offices, and other healthcare facilities. When a mistake occurs that causes the patient to suffer a catastrophic personal injury , the law allows victims to take legal action to recover fair compensation for their medical bills, lost wages, pain and suffering, and other losses.
A lawsuit can be filed by anyone who has been injured because of negligent care by their medical professional—doctors, nurses, nursing assistants, dentists, and others. If the victim was killed because of the error, the surviving family members can file the suit on the victim’s behalf. Children who are injured can file suit, but obviously the parents are the individuals who take the steps on their child’s behalf.
The lawsuit can begin as soon as you learn about an injury that should have been prevented by your medical provider. However, there is a time limit that applies to these cases, known as a Statute of Limitations. That means that it is very important to contact a Chicago personal injury lawyer soon after you learn of the injury. For example, in most cases you must file a claim within two years of the time that you became aware of the injury (735 Ill. Comp. State. Ann. §5/13-212(a)). However the rules are different for child victims and in a few other circumstances. A medical malpractice lawyer will be able to explain what applies in your case.
You will pay no attorneys’ fees unless or until we recover compensation for you.
We understand that victims of medical malpractice are often placed in difficult financial situations. Hospital bills add up, wages at work are lost, and other expenses mount. It is for those reasons that we work on a contingency fee basis. Our Chicago medical malpractice lawyers have the resources to conduct an investigation and pay the court costs on your behalf. We only receive a payment if your case is successfully resolved. This allows a victim to receive fair compensation even if they do not have the money upfront.
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.