Naperville Medical Malpractice Lawyer
If you or your loved one suffered harm because a health care provider failed to comply with the professional standard of care, you may be a medical malpractice victim. While numerous facilities in Naperville and the surrounding areas provide excellent care, medical malpractice may occur in any facility, including hospitals, doctors’ offices, nursing homes, and birthing centers.
- Why Choose the Naperville Medical Malpractice Lawyers at Levin & Perconti?
- What is Medical Malpractice?
- The Four Elements of Medical Malpractice
- Common Medical Malpractice Injuries
- How Do Medical Malpractice Claims Work in Illinois?
- Common Forms of Medical Malpractice Cases in Naperville
- How Much Time Do I Have to File a Medical Malpractice Case in Illinois?
- Types of Compensation for Medical Malpractice Victims
- What to Do If You Suspect Malpractice
- Contact a Naperville Medical Malpractice Lawyer Today
Medical malpractice injuries can affect you for a lifetime, but getting justice and compensation will likely be an uphill battle unless you have an experienced Naperville medical malpractice lawyer. Our compassionate and knowledgeable attorneys have stood up to negligent health care providers for over 33 years, and we can help you recover the compensation you deserve. Contact us today to schedule a free case evaluation.
Why Choose the Naperville Medical Malpractice Lawyers at Levin & Perconti?
Our proven Naperville medical malpractice attorneys have the financial resources to invest every dollar necessary to successfully prosecute your case. We possess the knowledge and stamina to get you the compensation you deserve.
Over 400 Years of Combined Experience
Our founders are pioneers in medical malpractice litigation—we were one of the nation’s first law firms to stand up to large health care entities on behalf of injured patients. Thus, our knowledge of state and federal medical malpractice laws is unmatched.
Effective, Aggressive Representation
Through decades of experience handling medical malpractice lawsuits, we have developed the most aggressive and effective approach for each case. Our method has earned us national recognition, and fellow lawyers nationwide refer challenging cases to us. When you choose Levin & Perconti, we will fight for full compensation through a thorough case investigation, strategic and aggressive negotiation, and meticulous case preparation.
We leverage our reputation and past success to maximize your results. Medical malpractice insurance companies and their lawyers know from our reputation and past encounters with us that we will never settle for less than you deserve. Our adversaries often settle for full compensation to avoid the risk of going against us at trial.
Proven Trial Lawyers with Consistent Results
We have recovered over $2 billion in settlements and verdicts for our clients, including numerous record medical malpractice results, such as the following:
- $40 million verdict for a now 19-year-old woman who suffered a severe and permanent brain injury during birth due to a delayed C-section delivery at Sarah Bush Lincoln Memorial Hospital.
- $20 million verdict for a child who suffered preventable HIE and asphyxia injuries at birth, resulting in permanent cognitive and developmental impairments.
- $17.7 million medical malpractice settlement for a former police officer who suffered a life-altering brain injury from nursing staff negligence at a Chicago hospital.
- $14 million record verdict against a doctor and hospital for ignoring abnormal chest X-ray results, which caused a substantial delay in a lung cancer diagnosis
- $11.5 million FTCA settlement for a child born at the U.S. Naval Hospital in Guam who suffered a catastrophic hypoxic-ischemic brain injury from negligent neonatal resuscitation and intubation.
- $8.1 million medical malpractice verdict on behalf of a family whose mother died of lung cancer in 2015 as a result of a failure to diagnose.
Thousands of Satisfied Clients
Our clients regularly send us unsolicited testimonials praising us for our compassion, hard work, and outstanding results.
Testimonials
What is Medical Malpractice?
Medical malpractice is a departure from the prevailing professional standard of care that causes harm to the patient. Health care providers gamble with your health when they deviate from accepted medical guidelines.
However, it only counts as medical malpractice if you suffer a measurable injury. Furthermore, a negative outcome is not enough to constitute medical malpractice. It only becomes medical malpractice if the negative outcome is connected to medical negligence.
Our Naperville, IL, medical malpractice lawyers can determine whether you were injured by malpractice.
The Four Elements of Medical Malpractice
You may have a medical malpractice case if you can establish the following four elements of negligence.
1. Duty of Care
You must prove the provider had a duty of care. A health care provider has a duty to provide the prevailing professional standard of care when they accept you as a patient. Whether you schedule a doctor’s appointment, visit an emergency room, or receive care in a hospital or nursing home, any licensed provider who does the following has a duty of care:
- Meets with you or observes you
- Diagnoses you
- Treats you
- Instructs you
- Refers you to another provider
Health care providers who may have a duty of care include doctors, nurses, midwives, radiologists, pathologists, therapists, pharmacists, nursing homes, and hospitals.
2. Breach of Duty
You must prove that the health care provider breached the duty of care. A breach of duty occurs when a health care provider fails to provide a reasonable standard of care, which is the treatment a prudent, qualified health care provider would provide based on the information available at the time.
3. Damages
You must prove that you suffered an injury. The injury must have caused measurable damages, such as financial costs or verifiable losses to your quality of life. Medical malpractice damages usually include medical expenses, lost wages, and pain and suffering.
4. Causation
You must prove a causal connection between the breach of duty and your injuries. You must present evidence showing you would not have been injured were it not for the breach of duty, and that breach is the actual and proximate cause of your injuries.
Common Medical Malpractice Injuries
Patients injured by medical negligence in Naperville often pay a high price. You or your loved one could be left with injuries that precipitate months of medical treatment and severe pain. We have recovered substantial compensation for clients with such injuries as the following:
- Progression of cancer, resulting in a poorer prognosis
- New or worsened infections, prompting amputations, scarring, or sepsis
- Temporary or permanent paralysis or loss of sensation
- Permanent brain injuries from oxygen deprivation
- Birth injuries, including cerebral palsy, brachial plexus injuries, and deformities
- Rashes, anaphylaxis, or other traumatic allergic reactions
- Organ damage
- Psychological trauma
- Prolonged recovery
- Death
How Do Medical Malpractice Claims Work in Illinois?
Medical malpractice claims typically start as insurance claims and escalate to civil lawsuits when insurance companies refuse to pay fair compensation. Filing a medical malpractice insurance claim requires knowledge of medical terminology and complex legal processes. If you file a claim without an attorney, you will be up against a wealthy insurance company and its team of lawyers. Any conversation between you and the health care provider or insurance company could hurt your case.
The Medical Malpractice Lawsuit Process
An attorney’s involvement becomes increasingly important if your case progresses to a lawsuit. You must file a Certificate of Merit before you can file a medical malpractice lawsuit in Illinois. A Certificate of Merit is a written opinion from a qualified medical expert stating you have reasonable grounds to file a lawsuit. We can obtain this document for you.
Once you file your lawsuit, your case enters the discovery phase, which includes the following:
- Interrogatories – written questions each side must answer for the other under penalty of perjury
- Depositions – recorded testimony by the parties and witnesses under oath
- Document requests – requests between plaintiffs and defendants for medical records and other evidence
The outcome of the discovery phase influences settlement negotiations. Stronger evidence can yield a higher settlement if your attorney has the skill to leverage it.
If a settlement cannot be reached, the court may order mediation to provide another chance to avoid a trial. If your case goes to trial, both sides present evidence, and a judge or jury determines whether the defendants are liable and how much compensation you should receive. The verdict is final unless the losing side files an appeal.
How Our Medical Malpractice Attorneys in Naperville Can Help
Our Naperville medical malpractice lawyers will schedule a free consultation to review your case and determine whether we can help. If we accept your case, we will handle all legal details, beginning with the insurance claim, until your medical negligence claim is resolved. We perform in-depth investigations and collaborate with leading experts in our nationwide network, so we are always prepared to get you the best results possible, whether your case settles or goes to trial.
Common Forms of Medical Malpractice Cases in Naperville
The most common types of medical malpractice include the following:
- Misdiagnosis or delayed diagnosis of serious conditions, such as cancer, stroke, heart attack, and sepsis
- Surgical errors, such as operating on the wrong site, operating on the wrong patient, damaging nerves or other surrounding tissues, and leaving surgical sponges or instruments behind
- Errors during pregnancy, birth, or shortly after birth that cause oxygen deprivation, malformations, and cerebral palsy
- Medication errors, such as incorrect dosage, wrong medication, incorrect method of administration, or inappropriate prescriptions
- Anesthesia errors, such as incorrect dosage, failure to consider allergies or drug interactions, failure to monitor vital signs, and incompetent management of emergencies
- Radiology errors, including faulty test interpretation, improper testing techniques, and delayed reading of tests
- Nursing home abuse and neglect, including physical, verbal, emotional, sexual, and financial abuse
- Inadequate supervision, including a failure to prevent falls, inadequate pain management, and failure to prevent wandering
How Much Time Do I Have to File a Medical Malpractice Case in Illinois?
The Illinois medical malpractice statute of limitations generally requires you to file your lawsuit within two years of the incident. If you were initially unaware of the injury or the malpractice, you may be able to file your lawsuit for up to two years from the date you discovered or should have discovered the malpractice, but no longer than four years from the incident date.
There are limited exceptions to the statute of limitations.
- If your child was injured by malpractice, you or your child has up to eight years to file suit or until the child’s 22nd birthday, whichever occurs first.
- If a health care provider fraudulently concealed malpractice, you generally have up to five years to file a lawsuit, beginning with the date you discovered the malpractice.
The statute of limitations sets a strict deadline. If you miss it, you could lose your chance to obtain well-deserved compensation. Never assume you qualify for an exception. Contact our experienced Naperville medical malpractice attorneys as soon as possible so we can gather evidence, build your case, and file your lawsuit on time.
Types of Compensation for Medical Malpractice Victims
You may be entitled to the following economic and non-economic damages if you are injured by medical negligence in Naperville:
- Medical expenses
- Future medical expenses
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
- Disfigurement
- Scarring
- Impairment
- Loss of function
- Loss of society
- Loss of enjoyment of life
- Loss of consortium
What to Do If You Suspect Malpractice
If you suspect you have been harmed by medical malpractice, your priority is to seek medical care for the injury and follow all of the doctor’s recommendations. Your treatment and its costs are important evidence.
Next, promptly contact our experienced medical malpractice lawyers in Naperville. We will obtain your complete medical records, gather evidence, and fight for full compensation. You can help by doing the following:
- Document everything, including communications with the negligent practitioners, symptoms, and expenses.
- Avoid talking about your legal case with your health care providers.
- Avoid posting on social media.
- Follow all of your doctor’s recommendations.
Related: Quiz: Were You a Victim of Medical Malpractice?
Contact a Naperville Medical Malpractice Lawyer Today
You can trust our dedicated Naperville medical malpractice lawyers to listen to your story, understand what medical malpractice has cost you, and guide you toward justice. With over $2 billion recovered in settlements and verdicts and 33+ years of experience, we will never settle for less than you deserve.
Call (312) 332-2872 or contact us online today to schedule your free consultation.
Testimonials
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.
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.
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.
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.
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.
Legally Reviewed by
Michael F. Bonamarte, IV
Contact Us
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- (312) 332-2872
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Related Pages
- Anesthesiologist Error
- Birth Injury
- Chiropractor Malpractice
- Defective Medical Device Lawyer
- Emergency Room Negligence
- HMO Misconduct
- Hospital Staph Infection Lawsuit
- Lack of Informed Consent
- Medication & Pharmaceutical Error
- Misdiagnosis or Failure to Diagnosis
- Nursing Home Abuse
- Nursing Malpractice
- OG/GYN Negligence
- Radiological Error
- Surgical Error
Notable Results
SETTLEMENT
child who suffered a catastrophic hypoxic-ischemic brain injury as a result of a negligent neonatal resuscitation and intubation
SETTLEMENT
for a former police officer who suffered a life-altering brain injury due to nursing staff negligence at a Chicago hospital
VERDICT
on behalf of a family whose mother died of lung cancer in 2015 as a result of a failure to diagnose
FAQs
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- How Much Does a Medical Malpractice Lawyer Cost?
- Can You Sue a Doctor for Negligence?
- Can You Sue a Hospital for Emotional Distress?
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325 N LaSalle Dr Suite 300
Chicago, IL 60654
312-332-2872
