Medical Malpractice Lawyer in Chicago

Medical mistakes are the third leading cause of death in the United States, leading to an average of 250,000 deaths annually and millions of injuries.

While healthcare professionals are not liable for all negative patient outcomes, they are legally responsible if they are aware of potential consequences before taking an action that leads to injury or death.

Medical malpractice claims in the State of Illinois require plaintiffs to prove all four of the following elements:

1. Duty

Establishing that the medical professional had a duty to exercising the standard of care set by those in the medical community or specialty in which the healthcare provider’s treatment is measured;

3. Breach of Duty

Proving that the provider deviated from this standard of care;

2. Injury

Demonstrating that the resulting injury was caused by the deviation from that standard of care; and

4. Damages

Showing that the injury caused by the deviation from that standard of care resulted in the victim suffering physical, financial, psychological, and/or other types of damages.

Medical Malpractice Lawyer in Chicago

If you have suffered catastrophic injuries or if a loved one was killed due to medical malpractice in Chicago or the Greater Cook County area, it’s important to hold the healthcare provider accountable immediately. 

Call (312) 201-8600 or visit our contact page to schedule your free, no-obligation consultation with our medical malpractice attorneys. We represent clients on a contingency fee basis – meaning you pay nothing unless you win.

Types of Medical Malpractice

Some of the most common medical malpractice claims our firm assists people with include, but are not limited to:

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1. Failure to Diagnose

Failure to accurately diagnose a medical condition can result in several rounds of additional and very costly treatment. In some cases, patients may be deprived of solutions that could have been life-saving.

2. Failure to Warn of a Known Dangerous Condition

All medical professionals have an obligation to pursue the best course of action for their patient. Failing to warn a patient of their dangerous condition is violating the duty of informed consent.

3. Prescription Errors

Prescription errors are one of the most common forms of medical malpractice. Examples include prescribing the wrong medication, giving the wrong dosage, not warning of potential harmful side effects, failure to catch potentially harmful drug interactions, and giving medication to the wrong patient.

4. Preventable Hospital Infections

Each year, an average of 1 in 25 hospital patients in the U.S. is diagnosed with at least one infection related to their hospital care. While hospital infections are fairly common, many of them are preventable and can be cause for a medical malpractice claim. Examples include urinary tract infections, surgical site infections, and Clostridium difficile infections.

5. Misdiagnosis

Misdiagnosis in and of itself is not always considered medical malpractice. To be considered malpractice, the misdiagnosis must result in improper or delayed medical care, or no treatment at all. If these lead to a worsening of the patient’s condition, it could be considered malpractice.

6. Failure to Treat / Improper Treatment

When a healthcare provider fails to take the proper steps to diagnose or treat a medical condition in a timely manner, they can be held liable for the patient’s additional physical pain, as well as economic damages, including higher medical bills, prescription fees, and lost wages.

7. Drug Recall

Injury or death resulting from drug recall most often falls under a Product Liability claim against the manufacturer. However, a medical provider can be held liable if their negligence is determined to be a factor. Examples include prescribing a drug for purposes not approved by the Federal Drug Administration or overprescribing a medication that is later recalled.

8. Surgical Errors

A surgical error is an avoidable mistake that results in additional harm to the patient. While surgery often includes an inherent level of risk, medical malpractice may be involved if the patient experiences unexpected complications.

9. Anesthesia Error

Anesthesia is a state of temporary induced loss of sensation or awareness administered to patients through drugs, medications, or gasses. In many cases, anesthesia is administered without any complications. Any mistake that does occur during anesthesia, however, can result in very serious complications, including catastrophic or even fatal injuries.

10. Dental Malpractice

Victims of dental malpractice can experience serious pain, changes to their appearance and changes to their lifestyle. In severe cases, dental malpractice can even lead to death. Injuries may not appear immediately following the procedure, but are often permanent.

Frequently Asked Questions

What is the difference between medical malpractice and medical negligence?

Medical malpractice occurs when a healthcare professional is aware of the potential consequences before making a mistake that leads to injury or death. Medical negligence, on the other hand, occurs when an honest mistake results in injury or death.

What are the limits to compensation in medical malpractice claims?

As of 2010, the State of Illinois does not have any cap on economic or noneconomic damages in medical malpractice cases. Economic damages refer to compensation for calculable financial losses for victims, such as past and future medical bills and lost wages. Noneconomic damages refers to compensation for harm that cannot be quantified, such as pain and suffering or emotional distress.

735 Illinois Compiled Statute 5/2-1115, however, states that punitive, exemplary, vindictive, or aggravated damages – damages awarded solely to punish defendants for particularly egregious conduct – are not allowed in medical malpractice cases.

What is the statute of limitations for filing a medical malpractice claim?

In the state of Illinois, a patient has two years from the date of discovery to file a medical malpractice claim. However, the statute of limitations is extended to eight years when the claimant was, at the time the cause of action occurred, under the age of 18 years.

Can I hold multiple parties accountable in my medical malpractice claim?

Under Illinois law, in cases involving multiple defendants, plaintiffs can recover damages from all of the defendants, or just one of the defendants if the other defendants are unable to pay damages. (735 Illinois Compiled Statute 5/2-1118).


Our client, already wheelchair bound from a prior injury, suffered from diabetes, high blood pressure, and declining kidney function. This doctor ordered a drug that he knew he was allergic to. The doctor defended saying the pharmacist would have caught the error had he completed his computer screen entries. The jury didn’t buy that defense. It found that the defendant doctor was negligent for ordering the allergic drug to begin with. The jury awarded the injured man $2.3 million dollars out of the requested $3.0 million after a five day trial in Cook County. The jury awarded the wife $700,000 for her spousal loss even though Ms. Loggans gave them a suggestion of $500,000. The foreman of the jury was a doctor.

Illinois Medical Malpractice Resources

State of Illinois Medical Malpractice Laws

Illinois Public Health Association (IPHA)

View the latest news related to public health legislation and policy resolutions.

Susan Loggans Law

Medical professionals and institutions are an incredibly important and respected part of our community. Of course, with great power comes great responsibility. When medical professionals do not exercise due care, it can result in catastrophic injuries and even death.

If you suspect that your medical-related injuries or a loved one’s death were due to medical malpractice, we will fight to get you the compensation you deserve for your physical pain, emotional suffering, and economic losses.

And remember, it’s not just you that you are fighting for. It’s for all future patients who could suffer the same fate if the negligent providers are not held accountable.

Call (312) 201-8600 or visit our contact page to schedule a free, no-obligation consultation with our experts in medical malpractice claims, who will provide a complete evaluation of your case.