Chicago Medical Malpractice Lawyer

Dedicated Chicago Medical Malpractice Lawyer

As a victim of medical malpractice, you might be unaware of your legal rights and fail to pursue compensation for your injuries, pain and suffering, and other losses. If you were injured or misdiagnosed, or if you experienced any condition that you even suspect may be the result of medical negligence, we encourage you to contact us for a free consultation right away.

Our attorneys have decades of experience investigating medical malpractice cases, and we work with trusted physicians, investigators, and other professionals who can help us determine if you may have a claim for significant financial compensation. We can help you, but only if you give us a call.

Why Trust Malman Law with Your Injury Case in Chicago?

You have many law firms to choose from in Chicago, so why should you speak with Malman Law about a possible case?

  1. Our founder, Steven Malman, has been representing injury clients for over 30 years
  2. Our firm is a leading and respected authority on Chicago personal injury law
  3. We have a special interest in representing vulnerable clients, including seniors who suffer neglect or abuse
  4. Our legal team has handled more than 20,000 personal injury cases involving a wide range of accidents and injuries
  5. We represent clients with catastrophic injuries and help them move forward with proper financial support

Malman Law is dedicated to protecting the residents of Chicago, both in personal injury practice and community service. We represent victims of many types of accidents, including traffic crashes, falls, workplace accidents, nursing home abuse, and medical malpractice.

Looking For A Medical Malpractice Lawyer Near You?

We’ll fight for the compensation you deserve.

Common Causes of Medical Malpractice We Handle

Since 1994, Malman Law has helped thousands of clients like you recover insurance settlements and damages for medical bills, missed time from work, loss of enjoyment of life, and other economic and non-economic losses stemming from a wide variety of forms of malpractice. The cases we handle include:

Velamentous Cord Insertion Risks
Birth Injuries

Some birth injuries happen because doctors don’t spot warning signs during pregnancy, labor, or delivery, or don’t have enough experience to handle a crisis when it arises.

celebral palsy
Cerebral Palsy

There are the few but significant cases where Cerebral Palsy is directly brought on by a medical error. It can be the fault of the doctor or another delivery team member during the birth process.

misdiagnosis
Misdiagnosis

Our legal team have handled many cases involving medical misdiagnosis that have led to serious injury, lifelong conditions and even death.

plastic surgery error
Plastic Surgery Errors

Contact us If you have suffered a debilitating injury from a substandard plastic surgery procedure. We will examine the facts and your injuries, and advise you about what to do next.

brain injury
Brain Injuries

Our medical malpractice lawyers can help if you or a loved one has suffered a brain injury that directly resulted from the mistake of a medical professional.

medication error
Medication Errors

Errors in timing, dosage, administration, prescription, or identification of the proper drugs can result in devastating injuries and even death.

Obstetrical & Gynecological Malpractice
Obstetrical & Gynecological Malpractice

The consequences of OBGYN medical malpractice can include loss of reproductive ability, birth defects, or a severe birth injury to your child.

surgical error
Surgical Errors

Contact us if you believe that a doctor, nurse, anesthesiologist, or other medical professional committed an error that directly resulted in serious injury.

How Can Our Medical Malpractice Lawyers Help?

Without a medical background, you cannot be expected to know how a medical mistake will impact the rest of your life, and some other personal injury lawyers may even refuse to take your case because they don’t have the knowledge and resources necessary to fully investigate the scope of your future losses. At Malman Law, we conduct exhaustive investigations to determine the causes of our clients’ injuries and identify all of the responsible parties so that we can fight for every last dollar our clients deserve.

Read more: Why choose Malman Law

At Malman Law, we help victims of medical malpractice in the Chicago area fight for fair compensation. We represent clients who have suffered injuries in doctors’ offices, hospitals, and other medical facilities throughout the Chicago area. These include, but are not limited to:

While most malpractice cases involve mistakes and errors in judgment by physicians and other medical professionals, with increasing frequency, malpractice claims are involving hospital administrators and insurance companies as well. If a bureaucratic process or an issue with insurance results in a delay or interruption of treatment, this too can give rise to a claim for financial compensation.

The Average Settlement for Medical Malpractice

The payout for your medical malpractice claim can vary greatly depending on the circumstances of your case. Several factors can influence the amount of compensation you may receive, such as the severity of your injuries, the cost of medical treatment, lost wages, and pain and suffering.

Our experienced medical malpractice lawyers will help you determine the potential value of your claim and understand the legal process involved in seeking compensation. Our legal team has recovered millions of dollars from medical malpractice cases, including:

  • 6 million: Settlement for a Client Whose Infant Suffered Irreversible Brain Damage Due to Medical Negligence.
  • 5 million: Our team obtained a settlement of $5 million dollars for the mother of a boy who unfortunately died as a consequence of a delayed diagnosis.
  • 2.25 million: Our client in this case was a woman whose obstetrician/gynecologist had failed to diagnose her terminal ovarian cancer, despite having given her numerous pap smears.
  • 2 million: A woman who had undergone a partial hysterectomy for fibroid tumors came to Malman Law for help after she had experienced a series of unfortunate medical events and a costly misdiagnosis.
background

Recently we won a $6M settlement for a client whose infant suffered irreversible brain damage due to medical negligence. We at Malman Law worked with our team of experts to figure out what happened, and we proved that the failure to diagnose the baby’s illness led directly to her lifelong brain injuries and palsy.

STEVE J. MALMAN
Founding Attorney

How Long Do You Have to File A Medical Malpractice Claim in Chicago?

There is a statute of limitations for a malpractice case, and the sooner you bring the complaint, the easier it is for your attorney to find evidence. The statute of limitations is essentially a clock. If you pass the limitations, you can no longer seek compensation, regardless of how powerful the evidence is.

The Exception to the Statute of Limitations

As with all rules, there are exceptions. The statute does not begin until the date of discovery. Therefore, if you do not discover that you are a victim of malpractice for six years, then the clock does not start to count down until then. However, the statute clearly states that you must “reasonably discover.”

Common Types of Malpractice Claims

There are different errors that cause your injury and might lead to different types of malpractice claims. These errors, while malpractice, have different requirements. Sometimes, more entities than just the physician are responsible for your type of malpractice case.

Common types of malpractice claims include:

  • Prescription errors. Prescription errors come in numerous forms. A physician might fail to review your history and prescribe a medication that dangerously interacts with one, or could prescribe something that you are allergic to. Other times, the physician’s instructions were unclear, forcing the pharmacy to dispense medication with the wrong amount, dosage, or instructions.
  • Misdiagnosis or delayed diagnosis. There are instances where the diagnosis is entirely wrong, while other times the physician eventually reaches the correct diagnosis after the damage is done.
  • Failure to obtain informed consent. With every medical procedure, there are risks. It is a physician’s legal obligation to his or her patient to get the patient’s informed consent – which means informing the patient of all options, risks and benefits, and dangers of skipping the treatment.
  • Improper treatments used. The diagnosis might be correct, but the physician uses unorthodox treatments or medications in a way that they were not intended to be used.
  • Unnecessary procedures and treatments. Other times, a physician engages in overly aggressive treatments – with instances of unnecessary procedures or treatments performed on the patient. In this case, the patient could suffer unnecessary medical expenses, pain, suffering, and mental anguish.

How Can I Prove Medical Malpractice?

The Requirements of Malpractice

To have a viable malpractice case, you must meet several basic requirements. These requirements include:

  • The existence of a doctor-patient relationship. You must prove that the physician you are suing has seen and treated you. If your physician consulted another, but that other physician did not physically see or treat you, his or her advice (even wrong advice) does not constitute the doctor-patient relationship required. Also, a casual chat with a physician at the dinner table is not a doctor-patient relationship.
  • Deviation from the standard of care. We will dive into this more in a moment, but you must show negligence, which is a deviation from the standard of care.
  • Negligence is the direct cause of your injuries. Furthermore, you must establish that the physician’s deviation from the standard of care was the direct cause of your injuries.
  • Negligence led to damages. Lastly, there must be damages. Damages can include lost wages, physical pain, mental anguish, medical costs, and so forth. You cannot sue a doctor for malpractice, even if he or she was negligent if there were no damages associated with the negligent act.

Standard of Care

One term that will come up frequently during a malpractice case is the “standard of care,” but what does that entail? To determine if a physician was negligent, you must prove that the defendant, the physician, breached the standard of care. This means that the duties and responsibilities in terms of conduct fell below what others in the same field would expect as the “acceptable” level of care. Essentially, the physician ultimately must have performed worse than another physician with the same qualifications and experience would have in the same situation.

For example, say a physician made an incorrect diagnosis. However, you kept information from the physician. In this scenario, the physician cannot be liable for the wrong diagnosis, because he or she would not be expected to diagnose without correct information.

Seeking the Medical Malpractice Damages You Deserve

No matter what your situation might be, our legal team will carefully assess your losses so we seek the full damages you need and deserve. Some common damages include the following:

  • Medical expenses – If you need any type of additional medical treatment due to malpractice, you should receive full compensation for all bills and expenses. This includes medical care you will need in the future after your claim is resolved.
  • Lost income – If your injuries prevented you from working for some time – or ever again – we can seek compensation for the earnings you lost. We can also calculate a lifetime of lost income if you can never work in the same capacity again.
  • Pain and suffering – In addition to the economic losses you incurred, we can also seek compensation for non-economic damages. These can include physical pain and suffering, mental distress, trauma, loss of enjoyment of life, and more.

While Illinois does not allow plaintiffs to seek punitive damages for medical malpractice, it is also one of a few states that do not place a cap on economic or noneconomic damages. Our legal team will seek the maximum compensation you are entitled to under the law.

Looking For A Medical Malpractice Lawyer Near You?

We’ll fight for the compensation you deserve.

Wrongful Death Damages Due to Medical Malpractice

In Illinois, wrongful death claims must be filed by the personal representative of the deceased person’s estate. This might be an individual named in a will or appointed by the probate court (if there was no will). The personal representative can seek damages that will then be distributed to a surviving spouse, children, parents, or other close relatives according to the law.

Some damages that an estate and family members might recover after a traumatic and unexpected loss include:

  • Funeral and burial expenses
  • Loss of the financial support the family would have received from the deceased had they lived and continued working
  • Loss of consortium, which refers to lost companionship and sexual relationship with a deceased spouse
  • Loss of support, education, instruction, and moral training to children from a deceased parent
  • The sorrow, grief, and mental and emotional suffering of the surviving family members

At Malman Law, we know that the unimaginable can happen, and families can lose loved ones prematurely due to medical malpractice. We are ready to represent grieving families in this situation. We allow you to focus on your emotional recovery while we assist in seeking full financial recovery for your family.

In another example, say you gave the doctor all of the information, and the physician still came to the incorrect diagnosis because he or she failed to perform an in-depth examination or review laboratory tests that would have revealed a different diagnosis. In this instance, you have a claim against the physician, because he or she ignored the obligation to care for you, and then came to an incorrect diagnosis.

To find out if you are entitled to financial compensation for medical malpractice, we invite you to schedule a free, no-obligation consultation with one of our experienced lawyers. If you are unable to travel to our offices in downtown Chicago, one of our attorneys will gladly come to you.

The Right Chicago Medical Malpractice Lawyers for You

When you need legal help with a possible medical malpractice claim, you want to find a law firm with extensive experience handling these cases. Identifying and proving medical malpractice is highly technical and requires particular knowledge of both the law and medical standards of care.

You should not choose just any personal injury lawyer for your medical injury case – instead, consult with the team at Malman Law, which has helped many patients recover financially for medical injuries.

Contact us today for a no-cost, no-obligation consultation.

Most common questions for Medical Malpractice accidents in Chicago

Below are brief answers to some of the most common medical malpractice questions we’re asked. Feel free to click on the question to learn more. To get answers to your specific questions, never wait to contact our office directly for a free consultation. 

What is medical malpractice?

Medical malpractice occurs when a medical professional harms you because he or she did not provide proper healthcare. Malpractice can occur in every area of medicine. The standards to determine medical malpractice can be different depending on the area of medicine. One thing remains the same, though: an error of some sort was made that caused you or a loved one to be hurt or even killed.

If you believe that you were a victim of malpractice in Chicago, you should call Malman Law. Your case should be evaluated by our medical malpractice lawyers. You may have a legal right to receive compensation for your injuries, medical expenses, lost wages, and even for wrongful death.

The consequences of medical malpractice can last a lifetime. To schedule your free evaluation, call Malman Law.

Is misdiagnosis the same as medical malpractice?

Medical malpractice and misdiagnosis may seem like they go hand-in-hand. However, they can be two different things. A misdiagnosis will not necessarily meet the qualifications of medical malpractice. Malpractice happens when a medical professional makes some sort of decision or mistake that causes harm to you.

Whether a misdiagnosis may be considered malpractice depends on the information that the medical provider had at the time of your diagnosis and the steps that they took or that they did not take in coming to their conclusion. If the actions that were taken fall below the current medical standard, then you would also need to show that you suffered some sort of harm as a result of the misdiagnosis. If so, then the misdiagnosis may be medical malpractice.

What can our medical malpractice lawyer do for you?

The competence and attentiveness of medical professionals, particularly surgeons, during procedures are paramount as any lapse in care can lead to severe harm or even fatalities. In situations where medical malpractice occurs, a Chicago medical malpractice lawyer from Malman Law will help step in and advocate for affected patients, ensuring they obtain the full compensation they are rightfully entitled to.

What is the average medical malpractice settlement in Illinois?

Since the circumstances behind each malpractice case are unique, there is no “average” settlement amount. However, certain factors are examined by a malpractice insurance carrier in order to calculate a settlement figure.

Does Illinois have a cap on medical malpractice?

Many factors will determine how much you can pursue and recover. Prior to 2010, there were caps on how much you could recover from a medical malpractice case. The result is that any cases filed after that ruling no longer had damage caps.

How do I know if I have a legal claim for medical malpractice in Chicago?

Medical malpractice is extremely serious. Malpractice causes harm to you or to your loved one. It can even cause death. Determining whether you have a malpractice claim in Chicago should be done by an experienced and compassionate attorney.

Having a potential medical malpractice claim evaluated by an attorney is important because medicine, despite how far it’s come, isn’t necessarily an exact and perfect science. Even when medical professionals follow best practices, things may still go wrong. When there is an unexpected outcome or injury because of medical care, it cannot automatically be labeled as medical malpractice. Primarily, malpractice focuses on whether a patient received a substandard level of care that caused the injury or death.

If you believe that you received poor care that resulted in an injury or wrongful death, call Malman Law. We provide free case evaluations for potential medical malpractice claims. If you have a claim, we will help you get the compensation that you deserve.

How long does it take to file a malpractice suit in Illinois?

Medical malpractice cases are complex. Some can settle within the first year, while others can take five years or longer. Sometimes, it can seem like the case will take longer when a settlement is reached out of court sooner than expected.

How long do you have to sue a doctor for malpractice in Illinois?

Every state has a time limit in which a party or entity can begin legal proceedings after an event takes place. In Illinois medical malpractice cases, you only have two years from the date of an incident to file a lawsuit.

In some circumstances, the statute of limitations may be tolled, meaning that the clock will be paused or may not begin “ticking” for a certain period of time.

My child was diagnosed with cerebral palsy. Is it medical malpractice?

In some instances, cerebral palsy may be a result of malpractice. Symptoms of this disorder can be mild or severe. Cerebral palsy (CP) is often considered a birth injury. In many cases, CP can be caused by a mistake made by a nurse, doctor, or other medical personnel involved in the delivery process.

Hospitals and insurance companies will deny that their inattention or lack of actions contributed to your child’s diagnosis. This is why you should consult with an experienced medical malpractice lawyer. Other doctors, nurses, and leading specialists can be used as expert witnesses to determine if you and your child received the proper standard of care during labor and delivery.

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Most common questions for Medical Malpractice accidents in Chicago

Below are brief answers to some of the most common medical malpractice questions we’re asked. Feel free to click on the question to learn more. To get answers to your specific questions, never wait to contact our office directly for a free consultation. 

What is medical malpractice?

Medical malpractice occurs when a medical professional harms you because he or she did not provide proper healthcare. Malpractice can occur in every area of medicine. The standards to determine medical malpractice can be different depending on the area of medicine. One thing remains the same, though: an error of some sort was made that caused you or a loved one to be hurt or even killed.

If you believe that you were a victim of malpractice in Chicago, you should call Malman Law. Your case should be evaluated by our medical malpractice lawyers. You may have a legal right to receive compensation for your injuries, medical expenses, lost wages, and even for wrongful death.

The consequences of medical malpractice can last a lifetime. To schedule your free evaluation, call Malman Law.

Is misdiagnosis the same as medical malpractice?

Medical malpractice and misdiagnosis may seem like they go hand-in-hand. However, they can be two different things. A misdiagnosis will not necessarily meet the qualifications of medical malpractice. Malpractice happens when a medical professional makes some sort of decision or mistake that causes harm to you.

Whether a misdiagnosis may be considered malpractice depends on the information that the medical provider had at the time of your diagnosis and the steps that they took or that they did not take in coming to their conclusion. If the actions that were taken fall below the current medical standard, then you would also need to show that you suffered some sort of harm as a result of the misdiagnosis. If so, then the misdiagnosis may be medical malpractice.

What can our medical malpractice lawyer do for you?

The competence and attentiveness of medical professionals, particularly surgeons, during procedures are paramount as any lapse in care can lead to severe harm or even fatalities. In situations where medical malpractice occurs, a Chicago medical malpractice lawyer from Malman Law will help step in and advocate for affected patients, ensuring they obtain the full compensation they are rightfully entitled to.

What is the average medical malpractice settlement in Illinois?

Since the circumstances behind each malpractice case are unique, there is no “average” settlement amount. However, certain factors are examined by a malpractice insurance carrier in order to calculate a settlement figure.

Does Illinois have a cap on medical malpractice?

Many factors will determine how much you can pursue and recover. Prior to 2010, there were caps on how much you could recover from a medical malpractice case. The result is that any cases filed after that ruling no longer had damage caps.

How do I know if I have a legal claim for medical malpractice in Chicago?

Medical malpractice is extremely serious. Malpractice causes harm to you or to your loved one. It can even cause death. Determining whether you have a malpractice claim in Chicago should be done by an experienced and compassionate attorney.

Having a potential medical malpractice claim evaluated by an attorney is important because medicine, despite how far it’s come, isn’t necessarily an exact and perfect science. Even when medical professionals follow best practices, things may still go wrong. When there is an unexpected outcome or injury because of medical care, it cannot automatically be labeled as medical malpractice. Primarily, malpractice focuses on whether a patient received a substandard level of care that caused the injury or death.

If you believe that you received poor care that resulted in an injury or wrongful death, call Malman Law. We provide free case evaluations for potential medical malpractice claims. If you have a claim, we will help you get the compensation that you deserve.

How long does it take to file a malpractice suit in Illinois?

Medical malpractice cases are complex. Some can settle within the first year, while others can take five years or longer. Sometimes, it can seem like the case will take longer when a settlement is reached out of court sooner than expected.

How long do you have to sue a doctor for malpractice in Illinois?

Every state has a time limit in which a party or entity can begin legal proceedings after an event takes place. In Illinois medical malpractice cases, you only have two years from the date of an incident to file a lawsuit.

In some circumstances, the statute of limitations may be tolled, meaning that the clock will be paused or may not begin “ticking” for a certain period of time.

My child was diagnosed with cerebral palsy. Is it medical malpractice?

In some instances, cerebral palsy may be a result of malpractice. Symptoms of this disorder can be mild or severe. Cerebral palsy (CP) is often considered a birth injury. In many cases, CP can be caused by a mistake made by a nurse, doctor, or other medical personnel involved in the delivery process.

Hospitals and insurance companies will deny that their inattention or lack of actions contributed to your child’s diagnosis. This is why you should consult with an experienced medical malpractice lawyer. Other doctors, nurses, and leading specialists can be used as expert witnesses to determine if you and your child received the proper standard of care during labor and delivery.