Chicago Surgical Error Lawyer
Surgical errors occur when the surgical team fails in their legal duty to provide a reasonable standard of medical care to a patient. This could include operating on the wrong part of the body, leaving instruments inside the patient’s body, making errors in giving medications, or causing an infection by failing to properly maintain cleanliness. If you have been harmed by a surgical error, our surgical malpractice attorney can help you secure compensation.
Quick Links
- Why Should You Choose Levin & Perconti to Handle Your Surgical Error Case?
- Past Client Testimonials
- What is Considered a Surgical Error?
- What Types of Surgical Errors Does Levin & Perconti Handle?
- What should I do if I’ve experienced surgical malpractice?
- Frequently Asked Questions About Surgical Error Claims in Chicago
- Contact a Surgical Malpractice Attorney for a Free Case Review
When you undergo a surgical procedure, you expect that your health care providers will take care of you. You’re placing yourself in a vulnerable position — relying on your surgical team to keep you safe.
Unfortunately, some people wake up from surgery to find that their medical provider has made a mistake. Others don’t realize it until much later, when they begin to connect their symptoms to a surgical error. Surgical malpractice can have a significant, and sometimes permanent or fatal, impact on your life. Victims of surgical errors and their families deserve justice in the wake of this type of medical malpractice.
The Chicago surgical malpractice lawyers at Levin & Perconti have recovered compensation for victims of surgical errors, allowing them to reclaim parts of their lives that were stolen by the negligence of the people they trusted.
Why Should You Choose Levin & Perconti to Handle Your Surgical Error Case?
Our Chicago surgical error attorneys bring over 400 years of combined experience advocating for victims of medical negligence. With a proven track record of success, we’ve secured more than $2 billion in compensation for our clients, including numerous record-setting and high-profile settlements and verdicts.
Levin & Perconti holds the distinction of obtaining more settlements exceeding $500,000 than any other law firm in Illinois. Many of our attorneys have received state and national accolades, including recognition as Best Lawyers in America, Super Lawyers, and Illinois Top 100—a testament to their exceptional skill and commitment.
Our senior partner and founder, Steven Levin, is a nationally recognized attorney and thought leader in medical malpractice law. He has appeared on major network television programs and testified before Congress on issues related to patient safety and medical negligence.
Our medical malpractice lawyers have won record verdicts in medical negligence claims, such as the following:
- $4 million verdict: medical negligence 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. Doctors failed to perform surgery to treat her medical condition in a timely manner, and she suffered a brain stem herniation which led to irreversible brain damage.
- $3 million settlement: medical malpractice settlement for an 84-year-old woman who was permanently paralyzed when a Chicago neurosurgeon caused irreparable damage to her spinal cord during a procedure.
- $975K settlement: settlement for a 58-year-old female who suffered permanent ulnar nerve damage due to defendant hospital’s staff’s failure to properly position, pad, and monitor the condition of her dominant right upper extremity during a prolonged surgical procedure under general anesthesia.
Past Client Testimonials
Don’t take our word for it. Hear from some of the medical malpractice victims we’ve helped:
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.
What is Considered a Surgical Error?
Any surgical procedure carries some degree of risk, however, medical professionals, including surgeons, have a legal duty to provide a reasonable standard of care to their patients. This means that they must be reasonably careful, according to current medical standards, to protect their patients from unnecessary harm.
A surgical error occurs when the surgical team fails to provide reasonable care to its patients. In some cases, this is a result of a careless, harmful action taken. In other cases, a surgical error may be due to inaction — the medical team’s failure to take reasonable actions to keep the patient safe.
In either case, a surgical error is a form of medical malpractice, and surgeons, along with other medical professionals, can be held legally liable for the harm they cause if they fail in their duty of care.
The Agency for Healthcare Research and Quality classifies certain events, such as wrong-site surgery, as “never events,” meaning they should never happen. Health care facilities should ensure they take precautions to avoid these events.
A 2022 study published in StatPearls indicated that “[a]pproximately 400,000 hospitalized patients experience some type of preventable harm each year.” The study authors also noted that roughly 100,000 people die as a result of medical errors in health care facilities each year and that “most malpractice claims in hospitals are related to surgical errors.”
While these errors should never occur, they do, and they have serious consequences for patients.
What Types of Surgical Errors Does Levin & Perconti Handle?
Levin & Perconti handles various types of surgical errors, including but not limited to:
- Wrong-Site Surgery: This occurs when a surgeon operates on the wrong part of the body. Despite standard procedures like “surgical pauses” to confirm the correct site, wrong-site surgery happens about 40 times per week in U.S. hospitals and clinics.
- Objects Left in the Body: Surgical instruments, sponges, or other objects may be inadvertently left inside a patient. This can lead to severe infections, organ damage, and long-term health complications. Retained foreign objects happen in about 1 out of every 5,500 surgeries.
- Medication Errors: Medication errors can include administering the wrong drug or incorrect dosages, particularly with anesthesia or gases. Such errors can be fatal and are a significant concern during surgical procedures.
- Preventable Infections: While infections are a known risk of surgery, they can be minimized through sterile procedures. Failing to maintain proper hygiene, sterilize instruments, or wear protective gear can result in infections, extended hospital stays, and even death.
- Preventable Falls: Patients may fall from the operating table if proper precautions are not taken, such as securing the patient with straps or supporting the table. This can lead to severe injuries and complications, making these falls particularly tragic since they are easily preventable.
What should I do if I’ve experienced surgical malpractice?
A surgical error can be very costly. Medical bills can add up quickly, and a patient’s ability to work can be affected, sometimes permanently. Family members may need to take time off work to care for the patient. In addition, patients may experience a reduced quality of life.
Call a reputable medical malpractice lawyer to discuss your legal options. You may choose to bring a medical malpractice lawsuit against the surgeon who harmed you or, in the case of a wrongful death, your loved one.
If your surgical error attorney wins your case or negotiates a just settlement, your compensation will provide you with the financial resources to pay your current and future medical bills, as well as other related expenses.
Here in Illinois, your legal team is able to seek compensation for the full extent of your injuries, including the non-economic losses that you have suffered.
Frequently Asked Questions About Surgical Error Claims in Chicago
How long do I have to file a surgical error lawsuit in Illinois?
There is a time limit for filing a medical malpractice claim in Illinois, and waiting too long can mean losing your right to pursue compensation altogether. The timeline can vary depending on when the error occurred and when it was reasonably discovered. Because these deadlines can be short and differ by circumstance, it is best to speak with an attorney as soon as possible. Call (312) 332-2872 or contact us online for a free consultation.
Can I sue a surgeon or hospital for leaving an object inside my body during surgery?
Leaving a surgical instrument or sponge inside a patient may constitute medical malpractice. Surgical teams are required to follow strict procedures to account for all instruments before closing. If you believe this happened to you, speaking with a medical malpractice attorney can help you understand whether you may have a valid claim and what compensation you may be able to recover.
How does Illinois handle surgical errors that lead to infection?
Surgical teams have a responsibility to maintain a sterile environment throughout a procedure. When a provider fails to follow proper hygiene or sterilization protocols, and an infection results, there may be grounds for a malpractice claim. An attorney can help evaluate the circumstances and determine whether negligence may have played a role.
What kinds of compensation can I pursue after a surgical error in Illinois?
Illinois law allows victims of surgical malpractice to pursue compensation for medical expenses, lost income, reduced earning capacity, pain and suffering, and loss of enjoyment of life. In cases involving wrongful death, surviving family members may also have the right to seek compensation. Every case is different, and an attorney can help you understand what may apply to your specific situation.
Can I file a claim if the surgeon made a mistake during a routine procedure?
The type of procedure does not determine whether a malpractice claim is valid. What matters is whether the surgical team met the accepted standard of care. If a mistake occurred, whether during a routine or complex procedure, and that mistake caused you harm, you may have grounds to pursue a claim. Consulting with an attorney is the best way to assess your options.
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.
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Notable Results
for failure to properly read pap smears, resulting in the misdiagnosis of cervical cancer and eventual death of a 35-year-old mother of three children.
for failing to biopsy a known breast tumor, resulting in the delay of diagnosis of breast cancer, causing death.
for failing to perform an annual pelvic exam, which resulted in the untimely diagnosis of ovarian cancer.
Contact a Surgical Malpractice Attorney for a Free Case Review
The accomplished and compassionate attorneys at Levin & Perconti have years of experience and success in handling medical malpractice cases. We’ve won more than $2 billion in compensation for clients who were injured by a preventable surgical error.
If you have been the victim of a surgical error, you may be dealing with lifelong health effects caused by the error. If you’ve lost a loved one because a careless medical provider made a surgical error, you deserve full restitution for your losses, and we at Levin & Perconti will accept nothing less.
If you’ve been injured as a result of a surgical error, please contact our office for a free consultation. We know the financial implications of a serious medical event, so we don’t take payment in advance. We get paid only if you win your case.
If you’re looking for a Chicago surgical error lawyer, our attorneys are ready to fight for you.
