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Aurora, IL Medical Malpractice Lawyer
If you or someone you love received medical care in Aurora, IL, and something went wrong, you may be wondering whether you have a case. Medical malpractice is one of the most serious and complicated areas of personal injury law. Patients trust doctors, nurses, and hospitals with their lives every day. When that trust is broken, the consequences can be devastating. Whether you were treated at Rush Copley Medical Center near the Fox River, at Advocate Aurora Health, or at another local facility along the Route 30 corridor, you deserve answers. The team at Briskman Briskman & Greenberg is ready to help you understand your rights and fight for the compensation you deserve.
Table of Contents
- What Is Medical Malpractice in Illinois?
- Illinois Laws That Protect Medical Malpractice Victims
- How Common Is Medical Malpractice in Illinois?
- Wrongful Death and Medical Malpractice in Aurora, IL
- Why Choose Briskman Briskman & Greenberg for Your Aurora Medical Malpractice Case?
- FAQs About Aurora, IL Medical Malpractice
What Is Medical Malpractice in Illinois?
Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care and that failure causes harm to a patient. It sounds simple, but proving it is anything but. Not every bad medical outcome is malpractice. A doctor can do everything right and still have a patient get worse. What matters is whether the provider acted the way a reasonably competent professional would under the same circumstances.
In Illinois, the law requires you to prove four key elements. First, a doctor-patient relationship existed. Second, the provider owed you a duty of care. Third, the provider breached that duty. Fourth, the breach directly caused your injury or worsened your condition. All four elements must be present for your claim to move forward.
Common types of medical malpractice cases in Illinois include misdiagnosis, delayed diagnosis, surgical errors, birth injuries, anesthesia mistakes, and medication errors. Our abogados de negligencia médica know how often medication errors alone cause serious harm to patients who had no idea what was happening to them.
Aurora straddles Kane, DuPage, and Will counties, which means your case could be filed in any one of those courts. The Circuit Court of Kane County is known as the 16th Judicial Circuit, and the courthouse is located at the Kane County Government Center, 719 South Batavia Avenue, Geneva, IL 60134. Knowing which court applies to your situation matters. That is why you need an attorney who understands how cases move through all of these local venues.
Illinois does not cap medical malpractice damages. A 2010 Illinois Supreme Court ruling struck down those caps as unconstitutional. That means injured patients can seek full compensation for their losses, including economic damages like medical bills and lost wages, and non-economic damages like pain and suffering. If you think you have a claim, do not wait. Reach out to a Chicago abogado de negligencia médica at Briskman Briskman & Greenberg today.
Illinois Laws That Protect Medical Malpractice Victims
Illinois has several important laws that directly affect your medical malpractice case. Understanding them helps you know what to expect and why acting quickly is so important.
Under the Illinois Medical Malpractice Statute of Limitations (735 ILCS 5/13-212), you generally have two years from the date you knew or should have known about your injury to file a lawsuit. There is also an absolute four-year deadline from the date the negligent act occurred, regardless of when you discovered the problem. For minors, the law allows up to eight years from the date of the negligent act, but no later than the person’s 22nd birthday. If you are under a legal disability at the time the cause of action arises, the clock may be paused until that disability is removed.
Before you can even file a lawsuit, Illinois law (735 ILCS 5/2-622) requires your attorney to file an affidavit, known as a Certificate of Merit, along with the complaint. This affidavit states that a qualified health professional has reviewed your case, examined the medical records, and determined there is a reasonable and meritorious basis for the claim. The reviewing professional must have practiced or taught in the same area of healthcare within the last six years. This requirement exists to screen out weak claims, but it also means you need an experienced legal team that knows how to work with the right medical experts from day one.
Illinois also follows a modified comparative fault rule under 735 ILCS 5/2-1116. This means that if you are found to be partially at fault for your own injury, your damages will be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover anything at all. This makes it critical to build the strongest possible case from the start.
The joint and several liability statute (735 ILCS 5/2-1117) also plays an important role. All defendants found liable are jointly and severally liable for your past and future medical expenses. A defendant whose share of fault is 25% or greater is also jointly and severally liable for all other damages. This matters when multiple providers, including a hospital and a physician, contributed to your harm.
Our team at Briskman Briskman & Greenberg knows these laws inside and out. We apply them strategically to give our clients the best chance at full and fair compensation. You can also learn more about what qualifies as a claim through our abogados especializados en negligencias médicas resource center.
How Common Is Medical Malpractice in Illinois?
You might be surprised by how often medical errors occur. These are not rare events. They happen in hospitals, clinics, and private practices across Illinois every single day, including right here in the Aurora area.
Medical mistakes are the third leading cause of death in the United States, with approximately 795,000 Americans dying or becoming permanently disabled due to misdiagnosis each year. That is an enormous number of preventable tragedies. And Illinois is not immune to this problem.
Illinois consistently ranks among the top states for medical malpractice payouts. States without damage caps often see higher compensation levels, and Illinois, Massachusetts, and Connecticut stand out with averages well above many larger states, suggesting that more plaintiff-friendly legal environments directly influence award sizes. That is good news for injured patients in our state.
The Aurora area has several major healthcare facilities, including Rush Copley Medical Center on Copley Drive, Advocate Aurora Health locations, and Presence Mercy Medical Center on North Highland Avenue. With so many patients receiving care at these facilities every year, the potential for errors is real. An estimated one in three medical care providers will be sued for medical malpractice in their careers, and approximately 3% to 15% of procedures will involve at least one avoidable error, with misdiagnosis being the most common type.
When it comes to payouts, Illinois cases can be substantial. The average medical malpractice settlement in the United States is $329,565, but in Illinois the average payment is around $684,776, because Illinois is one of the states that does not cap medical malpractice payments. Individual cases can far exceed that average, depending on the severity of the harm.
If you or a family member was hurt by a medical error in Aurora or anywhere in the Chicago metro area, you owe it to yourself to find out what your case may be worth. Contact the Chicago abogado de lesiones personales team at Briskman Briskman & Greenberg for a free consultation.
Wrongful Death and Medical Malpractice in Aurora, IL
Some medical errors do not just cause injury. They cause death. When a loved one dies because of a healthcare provider’s negligence, the family may have a wrongful death claim under Illinois law.
The Illinois Wrongful Death Act (740 ILCS 180) allows the personal representative of the deceased person to bring a lawsuit on behalf of the surviving family. The damages recovered go to the surviving spouse and next of kin. Under the Act, a jury may award compensation for pecuniary injuries, including damages for grief, sorrow, and mental suffering. These are real losses that the law recognizes and allows families to pursue.
It is important to know that punitive damages are not available in healing art malpractice cases under Illinois law. However, families can still recover significant compensation for the financial and emotional losses they suffer when a loved one is taken too early because of a negligent doctor or hospital.
The law also addresses situations involving a fetus. Under 740 ILCS 180/2.2, the state of development of a human being at the time of injury or death does not prevent a wrongful death claim from being maintained. However, there is no cause of action against a healthcare professional for the wrongful death of a fetus caused by a lawful abortion where proper consent was given.
Losing a family member is devastating. Losing one due to a preventable medical error is even harder to accept. If your family is facing this situation, our abogados de negligencia médica at Briskman Briskman & Greenberg can walk you through your options with compassion and clarity. We serve families throughout the Chicago area and the Aurora region, including clients along the I-88 corridor and throughout Kane, DuPage, and Will counties.
Why Choose Briskman Briskman & Greenberg for Your Aurora Medical Malpractice Case?
Medical malpractice cases are among the most demanding cases in all of personal injury law. They require a deep understanding of both medicine and the law. They require access to qualified medical experts. They require the willingness to take on large hospital systems and well-funded insurance companies. And they require patience, because these cases often take time to build properly.
At Briskman Briskman & Greenberg, we take on these challenges every day. We represent injured patients and grieving families throughout the Chicago area and the surrounding suburbs, including Aurora. Whether your case involves a misdiagnosis at a local clinic, a surgical error at a major hospital, or a birth injury that changed your family’s life forever, we are here to help.
Our firm handles cases on a contingency fee basis. That means you pay nothing unless we recover money for you. There are no upfront costs and no fees unless we win. We know that medical malpractice victims are often dealing with mounting medical bills, lost income, and the emotional weight of what happened to them. The last thing you should have to worry about is whether you can afford legal help.
We also know Aurora. We know the local courts, the hospitals in the area, and the roads and communities that connect this city to the broader Chicago metro. From the Fox Valley Mall on Route 59 to the historic Paramount Theatre on Galena Boulevard, Aurora is a real community with real families who deserve real justice when the healthcare system lets them down.
If you are ready to talk about your case, call Briskman Briskman & Greenberg today. You can also visit our abogado de negligencias médicas resources to learn more about how we approach these cases across Illinois. We offer free consultations and are ready to listen to your story.
FAQs About Aurora, IL Medical Malpractice
How long do I have to file a medical malpractice lawsuit in Illinois?
Under 735 ILCS 5/13-212, you generally have two years from the date you knew or should have known about your injury. There is also a hard four-year deadline from the date the negligent act occurred. For minors, the deadline is up to eight years from the date of the act, but no later than their 22nd birthday. Because these deadlines are strict, you should speak with an attorney as soon as possible after a potential malpractice incident.
Does Illinois cap how much I can recover in a medical malpractice case?
No. Illinois does not cap medical malpractice damages. The Illinois Supreme Court struck down damage caps as unconstitutional in 2010. That means you can seek full compensation for your economic losses, like medical bills and lost wages, as well as non-economic losses like pain and suffering. The amount you recover will depend on the specific facts and severity of your case.
What is a Certificate of Merit and why does it matter?
Under 735 ILCS 5/2-622, before a medical malpractice lawsuit can be filed in Illinois, your attorney must attach an affidavit to the complaint. This affidavit confirms that a qualified healthcare professional reviewed your case and determined there is a reasonable basis for the claim. The reviewing expert must have practiced or taught in the same field within the last six years. Without this certificate, your case can be dismissed. This is one reason why having an experienced attorney matters from the very beginning.
Can I still recover damages if I was partly at fault for my injury?
Yes, as long as your share of fault is 50% or less. Under Illinois’s modified comparative fault rule (735 ILCS 5/2-1116), your damages will be reduced by your percentage of fault. For example, if you are found 20% at fault and your total damages are $500,000, you would recover $400,000. However, if you are found more than 50% at fault, you are barred from recovering any damages at all.
What if my loved one died because of medical malpractice in Aurora?
If a family member died due to a healthcare provider’s negligence, you may have a wrongful death claim under the Illinois Wrongful Death Act (740 ILCS 180). The personal representative of the deceased person’s estate can file the lawsuit, and any damages recovered go to the surviving spouse and next of kin. Recoverable damages include compensation for pecuniary losses, grief, sorrow, and mental suffering. Note that punitive damages are not available in healing art malpractice wrongful death cases under Illinois law. Contact Briskman Briskman & Greenberg to discuss your family’s options.
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