Chicago Medical Malpractice Lawyers
When you place your trust in a medical professional and that person’s negligence causes something to go wrong, you have the right to file a medical malpractice claim or lawsuit to recover compensation for your injuries and financial losses.
At Lloyd Miller Law, our malpractice attorneys have over 75 years of combined experience holding medical professionals and facilities accountable for negligent acts.
- Award-Winning Medical Malpractice Lawyers
- More Than $400 Million Recovered
- Other Lawyers Turn to Us to Get Results
If you were injured by a medical professional’s negligence in Illinois, our law firm can help. Contact us to schedule a FREE consultation.
Call: 773-838-8100
Table of Contents
Were Your Injuries Caused by Medical Malpractice?
Not all adverse outcomes that arise in hospitals and other healthcare facilities are cause for a medical malpractice claim, and medical professionals are not liable for all harms caused to patients. To be considered medical malpractice, a case must meet specific criteria.
Duty of Care
For a medical malpractice claim to be valid, it must be established that the healthcare provider owed a duty of care to the injured victim. Doctors are not the only people who owe a duty of care to patients. All medical professionals, including physician’s assistants, nurses, optometrists, dentists, psychiatrists, chiropractors, and other licensed professionals who have an established provider-patient relationship owe a duty of care to the people they are treating.
Violation of Standard of Care
The law requires that licensed medical professionals uphold a standard of care that is recognized by their profession as acceptable behavior that would be expected to be performed by a reasonably prudent healthcare professional under the same or similar circumstances. When a licensed medical professional fails to provide treatment that is consistent with these standards, negligence may be established.
Injury
Negligence in itself is not cause to file a medical malpractice lawsuit. An injury or loss that would otherwise not have occurred must have been caused by negligence, or a malpractice claim does not exist. For instance, if you suffered injuries in a nursing home due to the negligence of nursing staff, you may have a claim.
Significant Damages
The medical professional’s negligence must have caused serious injuries or harm to the victim. Without considerable pain, suffering, disability, disfigurement, additional medical costs, or loss of income, there are no significant damages.
Kurt D. Lloyd is a plaintiff’s trial lawyer who focuses on medical malpractice and other catastrophic injury cases. He lives in Chicago and represents injured clients throughout Illinois. He is also the founder of Lloyd Miller Law, Ltd.
Illinois Registration Status: Active
Bar Admissions: Illinois State Bar
Find out if you have a medical malpractice case. Call 773-838-8100.
Incidents that Can Give Rise to a Medical Malpractice Lawsuit
Researchers at Johns Hopkins University report that medical mistakes are the third-leading cause of unintentional death in the United States. Errors in treatment injure approximately 1.3 million people every year. Sadly, over 250,000 malpractice victims lose their lives. These types of medical malpractice incidents happen under a wide range of circumstances. They often involve:
- Misdiagnosis or Missed Diagnosis
- Surgical Errors
- Medication Mistakes
- Communication Problems
- Failure to Inform the Patient of Risk
- Anesthesia Errors
- Facility-Acquired Infections
- Delayed Treatments
- Failure to Follow-Up with Test Results
- Inadequate Staffing
- Improper Monitoring
- Emergency Room Errors
- Medical Equipment Failures
Types of Damages Available in Medical Malpractice Claims
The main goals of a medical malpractice claim or lawsuit are to make the victim whole again and to hold wrongdoers accountable for their careless disregard for the patient’s well-being. To alleviate the financial burdens that accompany these types of injuries, our injury lawyers help victims recover compensation for:
- Medical expenses related to the negligence
- Lost wages if the victim is unable to work
- Pain and suffering
- Loss of enjoyment of life
These and other losses are separated into two categories: economic damages and non-economic damages. Punitive damages are prohibited in medical malpractice lawsuits in Illinois.
Economic Damages
Your out-of-pocket expenses, like medical treatment costs, the cost of your medications, your lost wages, and other financial losses make up your economic damages in a medical malpractice case.
Non-Economic Damages
Your non-economic damages include things like the physical pain you have endured (and are expected to endure in the future), your emotional trauma, and your inability to enjoy the things you once did.
Filing a Wrongful Death Claim for Medical Malpractice
If your loved one died because of medical malpractice, you may be able to recover compensation through a wrongful death claim. In Illinois, only the personal representative of the deceased’s estate can file a wrongful death suit. If the claim is successful, however, the award will be distributed to the victim’s spouse, children, parents, and/or other close relatives.
How to Become a Personal Representative of a Deceased Person’s Estate
In most cases, the personal representative is someone who is named in the will or appointed by the probate court if the person died intestate (without a will). Your medical malpractice lawyer at our law firm will be able to help you determine whether a personal representative has been named in your loved one’s case.
What Damages Are Recoverable in a Wrongful Death Claim Involving Medical Malpractice?
If your wrongful death claim is successful, you and your loved ones may be able to recover compensation for funeral and burial expenses, loss of financial support, loss of consortium, and more. Since the case involves medical malpractice, punitive damages will not be allowed.
“Our family couldn’t have asked for a better attorney at the Law offices of Lloyd Miller Law. John Grazian was efficient and attentive to our every need not to mention how friendly and patient he was. John responded to every phone call and email personally and always in a timely manner! Not only did he win our case, but he won the maximum payout and in less than 3 months flat! His staff is courteous and friendly as well. Our family is lucky to have had Lloyd Miller Law in our corner. I would recommend them to anyone!”
Our Experienced Medical Malpractice Lawyers Have a Track Record of Success
- $14M Settlement – Obtained for an infant who sustained brain damage caused by decreased oxygenation during labor and delivery
- $12M Settlement – Obtained for a child who suffered severe damage to their vocal cords, apnea, and brain damage caused by surgical errors
- $9.697M Verdict – Obtained for a child who suffered brain damage after a physician failed to review and approve a pregnancy care plan
- $8M Settlement – Obtained for a chemo patient who died because a nurse transposed their drug dose on doctor’s order (seen on ABC’s 20/20)
- $8M Settlement – Obtained for a woman who suffered brain damage because of a misread blood clot test
How to File Your Medical Malpractice Claim in Chicago
The first step in filing your medical malpractice claim with the attorneys at Lloyd Miller Law is to schedule your free consultation. During your consultation, our lawyers will listen to your story and talk to you about the legal options that are available. If you determine that our law firm is a good fit for your case, our legal team will get started right away to help you recover.
What Our Medical Malpractice Lawyers Will Need from You
Various items can be used to help you tell us what happened. These documents can also be used as evidence as your case progresses. We recommend that our clients bring:
- Medical records that demonstrate the care you have received
- Billing statements from all healthcare providers
- Reports from your physician outlining your diagnosis, your treatment plan, your symptoms, and your prognosis
- Any correspondence you have related to your medical care
- Contact information for all the medical care providers you have seen
- A list of any steps you have taken to remedy the situation prior to our visit
Our Lawyers Represent Victims in Medical Malpractice Claims Throughout Chicago
At Lloyd Miller Law, our medical malpractice lawyers represent injured patients and their families in lawsuits against these and other medical providers in Illinois.
FAQs About Medical Malpractice
What Should I Do if Medical Malpractice Caused My Loved One to Die?
If your loved one died because of medical malpractice, you may have a wrongful death claim. A wrongful death attorney may be able to help you recover compensation for medical expenses, the pain and suffering your loved one experienced before he or she passed away, funeral and burial expenses, estate administration costs, and more.
I Signed a Consent Form. Can I Still Sue for Medical Malpractice?
You can still file a medical malpractice claim or lawsuit even if you signed a consent form prior to your treatment. A consent form does not relieve a medical professional from his or her duty to provide you with the accepted standard of care.
Is There a Deadline to File a Medical Malpractice Lawsuit in Chicago?
Victims who were injured by negligent healthcare providers in Chicago generally have just two years from the date of the injury or the date you should have reasonably discovered the injury to file a medical malpractice lawsuit.
Is There a Cap On Medical Malpractice Damages in Illinois?
There is no longer a cap on medical malpractice damages in Illinois. In 2010, the Illinois Supreme Court ruled that damage caps in medical malpractice cases were unconstitutional, as they interfered with the jury’s ability to determine appropriate damages.
How Much Does a Medical Malpractice Lawsuit Cost?
The cost of a medical malpractice lawsuit depends on several factors, like the insurer’s willingness to settle the case for a fair amount, the medical evidence available, the number of defendants involved, and the severity of the victim’s injuries. Since most medical malpractice lawyers accept these cases on contingency, there are not usually any upfront costs for the victim. Your lawyer will subtract his or her attorney fees and any other legal costs from your settlement or jury award when your case is resolved. If you don’t win, you don’t pay.