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Chicago Medical Malpractice Attorneys - Malman LawIt happens more often than people may realize. A hard-working employee is concerned about their health and they see their primary physician. The physician does not find anything, leaving the employee to live with the condition or issue longer. A few months later, the employee seeks a second opinion from another physician, the symptoms having returned (or having never left). It is then that she finds out she has cancer – something that should have been caught earlier by her primary physician.

Instead of taking a week off of work to treat the condition, the employee will now need to endure long-term treatments and miss several weeks to several months from her job in order to recover. The employee notifies her employer right away and takes her leave through the Family and Medical Leave Act (FMLA). However, the government only entitles an employee to 12 weeks of leave. Once the employee exhausts that leave, her employer chooses to let her go. The employee is left without any way to pay for her medical bills – and all because her physician failed to diagnose her properly.

What to Do if You Are Fired

Just because FMLA leave has been exhausted does not mean the employer can automatically release an employee the day it expires. An employer is required by FMLA to engage in an interactive process with the employee to determine when they will return. Employers often have legal obligations outside of FMLA that they are unaware of or choose to ignore. Also, they may have discriminated against the employee due to a disability, which means there is hope for an employee.

Holding the Doctor Responsible

First, the employee needs to speak with a medical malpractice attorney regarding her delayed diagnosis. Delayed diagnosis can be a form of medical malpractice. This is especially true if the employee’s physician was negligent in their failure to diagnose or their misdiagnosis. If the physician failed to uphold the medical standards when neglecting to diagnose, he or she is liable not only for the additional treatment the employee now much endure, but her associated medical costs, lost wages, etc. If she is unable to return to work, that physician could also be liable for her loss of earning capacity in the future.

An Attorney Can Help with the Employer Too

Being dismissed from your job just because of an illness is not always legal. If you have been terminated because you exhausted FMLA due to a medical condition, you should speak with an attorney not only regarding the medical malpractice, but regarding your wrongful termination as well. The attorneys at Malman Law will work hard to protect your rights to compensation and ensure that your medical costs and lost wages are covered.

Schedule your free consultation with a malpractice attorney at 888-247-2160 or fill out an online contact form with your questions.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

Client Review

  • "I'm very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I've been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion! "

    - Cheryl Wagemann
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