Chicago Medical Malpractice Lawyer
If you’ve been injured due to medical negligence, the Chicago medical malpractice lawyers at Levin & Perconti are here to help. With $2 billion recovered and a track record of record-setting verdicts, our team of experienced medical malpractice lawyers handles surgical errors, misdiagnosis, failure to diagnose, birth injuries, and hospital negligence. Contact us today for a free consultation.
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Quick Facts About Levin & Perconti
- The medical malpractice attorneys at Levin & Perconti consistently earn top industry awards and peer-reviewed honors for delivering exceptional results in complex medical malpractice cases
- Levin & Perconti regularly receives press and media attention from local and national news outlets for their high-profile medical malpractice litigation
- Levin & Perconti frequently earns top rankings across the legal industry’s most selective directories and peer-review associations for medical malpractice
Why Choose the Chicago Medical Malpractice Lawyers at Levin & Perconti?
When working with the medical malpractice attorneys at Levin & Perconti, every client receives specialized attention from the moment they contact us because we understand what you are going through. Our specialized medical malpractice intake team is trained and mentored by attorneys and understands the legal considerations involved, including what questions to ask and what details may be important when evaluating a potential case. Every intake is reviewed by an attorney to help determine the next steps. If a case moves into investigation, our team has a structured process for gathering the information needed, including dedicated support for obtaining and reviewing medical records.
If a case progresses, clients will continue to work with experienced medical malpractice lawyers who have developed knowledge in the specific area of medicine: whether it is a birth injury, a missed cancer diagnosis, or another complex medical malpractice matter. And when a case reaches the settlement stage, our settlement team helps guide the process. At every step, clients benefit from a team where each person brings specialized knowledge to their part of the case and who will make sure that the doctors at fault are brought to justice for the pain and suffering that they caused you.
Some of our notable Illinois medical malpractice case results include:
| Recovery Amount | Case Context |
|---|---|
| $40 Million Verdict | for a woman who sustained a severe and permanent brain injury case at Sarah Bush Lincoln Health Center involving a delayed C-section, marking one of the largest case results in Illinois history and the Largest Medical Malpractice Verdict in Illinois History Outside of Cook County. |
| $27 Million Verdict | for a child with permanent cognitive and developmental impairments resulting from medical malpractice at Advocate Christ Hospital and Medical Center. The Illinois Supreme Court closed this case. |
| $17.7 Million Settlement | for a life-altering brain injury due to nursing staff negligence at the UIC neurological intensive care unit, affecting a former police officer. |
| $14 Million Verdict | for a record high medical malpractice case against a doctor and hospital for not following and ignoring abnormal chest X-ray results, which caused a substantial delay in the diagnosis of lung cancer. |
| $12 Million Verdit | for a lung cancer case where doctors never told the patient about abnormal X-Rays at St. Alexius Medical Center in Hoffman Estates, Illinois. |
| $9 Million Settlement | for a baby that was born with brain damage that could have been prevented if the medical staff had followed the proper procedures. |
| $8.1 Million Verdict | for a family whose mother died of lung cancer as a result of failure to diagnose at MetroSouth Medical Center in Blue Island, Illinois. |
| $8 Million Settlement | for a hospital's failure to treat a kidney stone, which led to a woman's wrongful death against Silver Cross Hospital in New Lenox, Illinois. |
Additional Medical Malpractice Case Results
| Recovery Amount | Case Context |
|---|---|
| $6.71 Million Verdict | against a hospital because an inexperienced resident performed a vaginal delivery of a breech presentation (bottom first), resulting in shoulder dystocia and a crippling brachial plexus arm injury. |
| $6.5 Million Settlement | for a child who suffered a brain injury due to a hospital’s failure to provide appropriately trained health care providers to perform neonatal resuscitation. |
| $6.2 Million Trial Verdict | for a 61-year-old man who was left permanently disabled following a procedure at the Hines Veterans Administration Medical Center in Hines, Illinois. |
| $5.77 Million Settlement | for a woman who became paralyzed as a result of a Veterans Administration physician’s failure to recognize worsening neurological symptoms and perform a necessary surgery to relieve spinal cord compression. |
| $5.35 Million Settlement | against a hospital and hospital staff for failure to diagnose postpartum cardiomyopathy in an 18-year-old woman who had just had her first child one month earlier. The victim died as a result of this failure to diagnose. |
| $5 Million Verdict | against a doctor and a resident for mishandling a breathing tube, losing our 14-year-old quadriplegic client’s airway, which led to her death. |
| $4.97 Million Settlement | on behalf of a woman’s husband and son, who tragically passed away due to septic shock because of a delayed diagnosis post-surgery at a Chicago hospital. |
| $4.75 Million Settlement | for the surviving family of a 45-year-old man who died from a heart condition after physicians delayed reading an MRI for nine days. |
| $4 Million Settlement | for conduct by an unidentified defendant to a liver transplant recipient, causing a liver transplant rejection necessitating a second liver transplant, causing end-stage renal disease and hemodialysis. |
| $4 Million Settlement | for the surviving family of a young Chicago woman who died after suffering a serious brain injury while under the care of the hospital. |
| $3.6 Million Settlement | for a radiologist’s failure to correctly interpret an X-ray, missing a massive tumor that caused the death of a 29-year-old husband and father. |
| $3.6 Million Settlement | for a 26-year-old man who died after receiving a dose of an anesthetic to prepare him for surgery. |
| Read more about our medical malpractice results here |
Medical Malpractice Client Testimonials
Hear from some of our past clients on what it was like working with our Chicago malpractice lawyers.
Were You the Victim of Medical Malpractice?
Take our quick assessment to determine if your medical treatment met standard-of-care guidelines and whether you may be entitled to financial compensation. This confidential tool takes less than two minutes to find out if you may have a case.
What Should Someone Do if They Suspect They Are a Victim of Medical Malpractice?
Medical malpractice victims should contact an attorney immediately. The primary reason is the statute of limitations, where typically you have only 2 years from the time you knew or should have known something went wrong to file a lawsuit in Chicago. While narrow exceptions exist, this deadline is firm. In a recent survey, 18 out of 21 medical malpractice attorneys at Levin & Perconti named the statute of limitations as the single biggest reason to hire a medical malpractice lawyer right away.
Beyond the deadline pressure, building a strong case is genuinely time-intensive. We must gather medical records and consult with medical specialists to establish both whether the doctor made an error and whether that error caused your injury.
Medical negligence cases in Chicago often arise from situations such as:
Misdiagnosis: Misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s condition, leading to improper or unnecessary treatment. This can cause significant harm by allowing the actual condition to worsen while the patient receives treatment for a disease they don’t have. Common examples include mistaking a heart attack for acid reflux or misidentifying cancer as a benign growth.
Surgical Errors: Surgical errors are preventable mistakes that occur before, during, or after a surgical procedure, such as operating on the wrong body part or leaving instruments inside a patient. These errors can result in serious complications, permanent injury, or even death, and often require additional corrective surgeries. They typically stem from poor planning, miscommunication among surgical staff, or negligence in the operating room.
Birth Injuries: Birth injuries refer to physical harm suffered by a newborn or mother during labor and delivery due to medical negligence. These injuries can range from minor bruising to severe, lifelong conditions such as cerebral palsy, brachial plexus injuries, or brain damage caused by oxygen deprivation. Negligent acts such as improper use of delivery tools, failure to monitor fetal distress, or delayed C-sections are common causes.
Failure to Treat/Diagnose: Failure to treat or diagnose occurs when a physician correctly diagnoses a condition but does not provide an adequate or timely course of treatment. This form of negligence can arise when a doctor prematurely discharges a patient, fails to order necessary tests, or does not refer a patient to a specialist when needed. The resulting delays or omissions can allow a condition to progress to a more serious or irreversible stage.
Anesthesia Errors: Anesthesia errors are among the most dangerous forms of medical malpractice, as even small miscalculations can lead to brain damage, permanent injury, or death. These errors can include administering too much or too little anesthesia, failing to review a patient’s medical history for contraindications, or improperly monitoring a patient’s vital signs during a procedure. Anesthesiologists have a duty to carefully evaluate each patient and maintain vigilant oversight throughout surgery.
Medication Errors: Medication errors involve mistakes in prescribing, dispensing, or administering drugs to a patient, and they represent one of the most common forms of medical negligence. A provider may prescribe the wrong drug, an incorrect dosage, or fail to account for dangerous interactions with other medications the patient is taking. These errors can cause adverse reactions, worsen an existing condition, or in severe cases, result in a patient’s death.
Delayed Diagnosis: A delayed diagnosis occurs when a healthcare provider fails to identify a condition in a timely manner, allowing the disease to advance to a more serious stage before treatment begins. Unlike misdiagnosis, the provider eventually reaches the correct conclusion, but the unnecessary delay can significantly reduce the patient’s treatment options and chances of recovery. Cancers, heart disease, and infections are among the conditions most commonly associated with harmful diagnostic delays.
How are Medical Malpractice Cases Different in Chicago?
Medical malpractice cases in Illinois come with a unique set of rules and legal standards that set them apart from other states, making it especially important to work with an attorney who understands the local legal landscape. Chicago courts have shaped the way these cases are filed, argued, and compensated and knowing these distinctions can have a significant impact on the outcome of your claim. Before pursuing a case, it is critical to understand how Illinois law governs what you can recover and how long you have to act.
From the absence of damage caps to strict filing requirements, Illinois has established a framework that both protects patients and places important procedural demands on those seeking justice. Below are some of the key ways medical malpractice cases in Chicago differ from those in other states:
- No Damage Caps: Illinois is one of only 12 states where damage caps have been ruled unconstitutional. This means juries have the ability to award full economic and non-economic damages without any artificial limits placed on the amount a victim can recover.
- The Four-Year “Statute of Repose”: Illinois operates on a “discovery rule,” meaning you generally have two years to file a claim from the date you discover or reasonably should have discovered your injury. However, Illinois also enforces an absolute maximum four-year limit, meaning that regardless of when the harm is discovered, a lawsuit generally cannot be filed more than four years after the initial act of malpractice occurred.
- Prohibition of Punitive Damages: While there are no caps on compensatory damages, Illinois law explicitly prohibits the award of punitive damages in healing art malpractice cases. Because punitive damages are designed to punish egregious conduct, injured patients in Illinois are limited strictly to recovering for their actual losses, medical expenses, and personal suffering.
- The Affidavit of Merit: To protect against frivolous lawsuits, Illinois requires all medical malpractice plaintiffs to file a Certificate of Merit alongside their lawsuit. This certificate must be signed by a qualified healthcare professional who has reviewed the facts of the case and affirmed that there is a reasonable and meritorious basis for bringing the claim to court.
Understanding these rules is essential to building a strong case and avoiding costly procedural missteps. Consulting with an experienced Chicago medical malpractice lawyer as early as possible ensures that your claim is filed correctly, on time, and positioned for the best possible outcome.
How Can I Choose the Right Medical Malpractice Lawyer?
Choosing the right medical malpractice lawyer in Chicago is one of the most important decisions you will make after suffering harm due to a provider’s negligence. Medical malpractice is a complex area of law, requiring a deep understanding of both legal strategy and medical science. When evaluating potential attorneys, look for a lawyer or firm with a proven track record specifically in medical malpractice and one that has successfully handled cases similar to yours.
A trustworthy attorney will explain your legal options in plain language and give you an honest assessment of your case rather than making sweeping promises about outcomes. Most reputable Chicago medical malpractice lawyers work on a contingency fee basis, meaning you pay nothing unless they win, which aligns their interests directly with yours and removes the financial barrier to moving your case forward.
Strong cases are built on credible expert testimony, so it is essential to work with an attorney who has an established network of qualified medical professionals who can review your case and testify on your behalf. Look for attorneys who are well-regarded within the Chicago legal community, have received recognition from reputable legal organizations, and have a history of positive client experiences. The right attorney will have the skills to fight for maximum compensation while serving as a dedicated partner throughout the entire process.
What Should Clients Expect During the Initial Consultation With a Chicago Medical Malpractice Lawyer?
When you visit Levin & Perconti for a free consultation with our Chicago medical malpractice attorneys, you should expect to be treated with courtesy. We know that no matter how busy the firm is, the only case you’re dealing with is your own.
Our team will listen actively to your questions, concerns, and experiences, treating you with the empathy and respect you deserve. We’ll then give you an honest assessment of what to expect from your claim, explain the claims process in plain language, and help you plan your next steps.
How a Chicago Medical Malpractice Lawyer Investigates a Claim and Proves Negligence
When building a medical malpractice case, our team will start by gathering and reviewing your medical records. Your attorney will speak with doctors and nurses involved to get insight into what happened, then engage healthcare experts to help us determine whether your experiences violated professional standards of care.
We’ll ensure we speak to the right people to gain a full understanding of what happened to you, what the healthcare provider should have done, and how they were negligent in causing your injuries.
What Types of Damages Can You Recover When Working with a Medical Malpractice Attorney?
If you or a loved one has suffered due to medical negligence in Chicago, partnering with a skilled medical malpractice attorney is essential to recovering the full financial and personal compensation you deserve. Building a successful claim requires demonstrating the true scope of your losses, and Illinois law permits victims to pursue both economic and non-economic damages. An experienced legal team will carefully evaluate your situation to pursue recovery for all applicable losses, including:
Past and Future Medical Costs: Compensation covering every bill already incurred, from emergency care and corrective surgeries to hospital stays as well as medically projected costs for lifelong therapy, medications, and specialized home care.
Lost Income and Reduced Earning Potential: Recovery for the wages you lost while out of work, along with compensation for diminished earning capacity if your injuries permanently restrict your ability to work or advance in your career.
Pain and Suffering: Financial recovery for the physical pain, ongoing physical discomfort, and long-term disability directly caused by a healthcare provider’s error.
Emotional Trauma and Mental Anguish: Compensation for the psychological toll of the medical error, addressing conditions such as severe anxiety, depression, PTSD, and the loss of peace of mind.
Scarring and Disfigurement: Specific damages awarded to account for permanent physical alterations, surgical scarring, or physical changes caused by negligent treatment.
Loss of Enjoyment of Life: Recovery for the inability to participate in the hobbies, physical activities, and family moments that brought you joy before the malpractice.
Wrongful Death and Loss of Consortium: In tragic cases where medical errors lead to fatal injuries, an attorney can help surviving family members seek compensation for funeral expenses, loss of financial support, and the loss of companionship and guidance.
Calculating the true value of a medical malpractice claim requires analyzing complex medical records, consulting expert witnesses, and projecting long-term costs. A dedicated Chicago medical malpractice lawyer handles these intricacies, ensuring no damage category is overlooked while aggressively advocating for the maximum compensation you are owed.
What Medical Malpractice Cases Actually Settle For in Chicago vs. National Averages
Medical malpractice settlements in Chicago and throughout Illinois tend to reflect some of the higher compensation figures seen across the country, largely due to the state’s prohibition on damage caps. Nationally, the average medical malpractice settlement hovers somewhere between $300,000 and $380,000, though verdicts and settlements can vary dramatically depending on the severity of the injury, the strength of the evidence, and the defendant’s willingness to negotiate.
In Illinois, where juries are permitted to award the full scope of economic and non-economic damages without restriction, settlements in serious cases frequently exceed these national benchmarks. Cases involving catastrophic injuries, permanent disability, or wrongful death, particularly in a major metropolitan market like Chicago, have historically resulted in settlements and verdicts ranging from several hundred thousand dollars into the millions, especially when the injured party is represented by an experienced medical malpractice lawyer.
It is important to understand, however, that no two cases are alike, and a high-profile verdict does not guarantee a similar outcome in every claim. Factors such as the clarity of the negligence, the credibility of expert witnesses, the extent of the plaintiff’s damages, and even the specific jurisdiction within Cook County can all influence what a case ultimately settles for.
Surgical error and birth injury cases, for example, tend to command higher settlements due to the life-altering and often permanent nature of the harm involved, while misdiagnosis claims may settle for less depending on how far the condition progressed. Working with a knowledgeable Chicago medical malpractice attorney gives victims the best chance of accurately valuing their claim and negotiating a settlement that truly reflects the full extent of their losses.
Schedule a Free Medical Malpractice Consultation
If you believe you or a loved one has been hurt by a negligent healthcare provider, contact us online or call (312) 332-2872 today for a free, no-obligation consultation with our trusted Chicago medical malpractice lawyers. We can evaluate the strength of your case, explain your legal rights, and help you determine the best course of action for you and your family.
Frequently Asked Questions About Medical Malpractice in Chicago, IL
Here are some answers to some of the questions our Chicago medical malpractice lawyers are asked most frequently:
How much does it cost to hire a medical malpractice lawyer in Chicago?
It doesn’t cost anything up front to hire a skilled Chicago medical malpractice lawyer. Our attorneys work on a contingency fee structure, which means we don’t charge you anything unless you win your case. Most reputable lawyers also use this system.
Our firm will cover all the expenses related to your case and work to get you the best possible results. If you win, our pay will come from a percentage of your award — you’ll never pay us anything out of pocket.
Who can file a medical malpractice lawsuit?
A lawsuit can be filed by anyone who has been injured because of negligent care by their medical professional, such as 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.
Are there different deadlines for injured children?
In Illinois, children get a significant time advantage. When a minor is harmed, Illinois law doesn’t start the statute of limitations clock until they turn 18, a legal protection called “tolling.” This means a young plaintiff in Chicago can file a lawsuit years after reaching adulthood, rather than facing the compressed deadlines that adult claimants encounter.
What legally qualifies as medical malpractice in Chicago?
Medical malpractice in Chicago isn’t simply about a disappointing result; it’s about negligence. A healthcare provider crosses into malpractice territory when they deviate from what a reasonably skilled professional would do in the same situation, and that deviation directly harms or kills a patient. The key distinction: unfortunate outcomes alone don’t constitute malpractice. The care itself must be objectively substandard.
If I signed a consent form before a procedure, can I still sue?
The execution of a consent form neither extinguishes nor limits a patient’s right to pursue legal action. Such documentation establishes only that the patient received disclosure of known, ordinary complications associated with the proposed treatment. Critically, consent does not shield a provider from liability for breaches of the standard of care or acts of medical negligence.
Can I sue a hospital if the negligent doctor wasn't a hospital employee?
A hospital may be held liable for the negligent acts of independent contractor physicians through several established legal doctrines. The independent contractor status of a treating physician does not insulate a healthcare facility from potential liability. Courts recognize multiple theories of institutional accountability when patients suffer injury at the hands of non-employee practitioners.
Apparent Agency. When a hospital’s conduct, signage, or operational structure reasonably conveys to a patient that a physician is acting as the hospital’s agent or employee, through visible hospital identification, facility-based practice, or absence of clear disclosure regarding independent contractor status, the hospital may be held liable despite the formal employment relationship. This doctrine prevents facilities from disclaiming responsibility through technical contractual arrangements that contradict the patient’s reasonable perception.
Emergency Department Care. Courts consistently impose institutional liability for emergency physician negligence, recognizing that patients presenting in acute medical crises lack a meaningful opportunity to investigate physician credentials or employment status. The emergency context supersedes the independent contractor arrangement, establishing hospital responsibility as a matter of public policy.
Negligent Credentialing and Privileging. A hospital breaches its duty of institutional care when it grants clinical privileges to a physician with known or knowable incompetence, prior malpractice history, or disciplinary records. The facility’s failure to conduct adequate background investigation or to revoke privileges following notice of substandard care constitutes direct institutional negligence.
Direct Institutional Negligence. Hospital liability may arise independent of the treating physician’s conduct when the facility’s own systems, personnel, or protocols, including nursing care, medication administration, laboratory result communication, or equipment maintenance, fall below the standard of care and proximately cause patient injury.
Legally Reviewed by
Bonamarte, IV
Read Bio
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.
Contact a Medical Malpractice Lawyer Today
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’ve seen many people struggle with traumatic medical negligence, and will support you through the entire litigation process. Victims of medical negligence may be eligible to obtain compensation for medical expenses, lost wages, and non-economic damages.
If you have experienced medical malpractice in Chicago or anywhere in 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. Are you unsure of how to determine if you were a victim? We can help you determine if you have a medical malpractice case.
