Medical Device Malpractice in Chicago

A medical device is supposed to help you heal, not cause more harm. When a device fails, whether it was defective from the start or used incorrectly by a medical professional, patients in Chicago can suffer serious, lasting injuries. Medical device malpractice sits at the crossroads of two areas of law: medical negligence and product liability. Understanding how these claims work, and what Illinois law requires, is the first step toward protecting your rights. Briskman Briskman & Greenberg, located at 205 W Randolph St., Suite 925, Chicago, IL 60606, represents injured patients across the Chicago area and helps them pursue the full compensation they deserve.

Table of Contents

• What Medical Device Malpractice Actually Means in Illinois
• Three Types of Defects That Can Support a Medical Device Claim
• Illinois Law and the Certificate of Merit Requirement
• Deadlines, Liability Rules, and What They Mean for Your Case
• What Compensation You Can Pursue After a Medical Device Injury in Chicago
• Why Choosing the Right Legal Team Matters in Chicago Device Cases
• FAQs About Medical Device Malpractice in Chicago

What Medical Device Malpractice Actually Means in Illinois

Medical device malpractice occurs when a patient is harmed because a medical device was defective, improperly selected, or negligently used during their care. The harm can come from the device itself, from the healthcare provider who used it, or from both at the same time. That distinction matters, because it determines who can be held legally responsible.

The U.S. Food and Drug Administration (FDA) regulates medical devices under the Federal Food, Drug, and Cosmetic Act. The FDA requires manufacturers to complete testing and gain approval before bringing a device to market. Despite that process, every time a medical device is involved in a death, serious injury, or malfunction that could lead to death or serious injury, the responsible party is required by federal law to report that event to the FDA. Those reports go into the FDA’s publicly accessible database known as MAUDE (Manufacturer and User Facility Device Experience). As of 2025, the database contains over 16 million reports dating back to 1991 and receives approximately 2 million new reports per year. That scale tells you how common device-related injuries really are.

In Illinois, a medical device injury claim can proceed on multiple legal theories. If the device itself was defective, the claim may sound in product liability. If a doctor or hospital used the device incorrectly, the claim may be grounded in medical negligence, which is governed by the Illinois Healing Art Malpractice Act under 735 ILCS 5/2-622. In many cases, both theories apply at the same time, and multiple defendants can share responsibility.

Common devices at the center of these claims include pacemakers, orthopedic implants, surgical mesh, insulin pumps, IVC blood clot filters, and robotic surgery systems. Patients who receive care at hospitals near Millennium Park, the University of Illinois Medical District on the Near West Side, or any of Chicago’s major health systems are not immune from device-related harm. The device in question does not have to be experimental or rare. Even widely used, FDA-approved products can cause serious injuries.

Three Types of Defects That Can Support a Medical Device Claim

Not every bad outcome from a medical device means someone acted wrongfully. To have a viable claim, you generally need to show that the device had a specific type of defect, or that a healthcare provider failed to meet the standard of care in how they used it. Illinois courts recognize three core defect categories in product liability cases involving medical devices.

A design defect means the product was flawed before it was ever manufactured. The problem was built into the blueprint. A well-known example is the IVC filter, a device designed to catch blood clots before they reach the lungs. These devices are designed to prevent blood clots from reaching the lungs, but the IVC filter has been known to fracture, and its pieces can then migrate to other parts of the body and cause injury. When the design itself is dangerous, every unit produced carries the same risk.

A manufacturing defect means the design was acceptable, but something went wrong during production. A single batch of implants may have been contaminated, or a component may have been assembled incorrectly. The product that left the factory was not what the design called for.

A failure to warn defect, sometimes called a marketing defect, means the manufacturer did not adequately inform doctors or patients about known risks. Under a legal principle called the learned intermediary doctrine, device manufacturers generally have a duty to warn physicians about a device’s risks. If a company fails to provide adequate warnings to the treating physician, and a patient is injured as a result, the manufacturer can be held liable.

Beyond product defects, a medical provider can also commit malpractice by using an otherwise sound device in the wrong way. Selecting the wrong size implant, failing to monitor a device after placement, or ignoring signs that a device is failing are all forms of clinical negligence. These are the kinds of errors that connect medical device cases to broader issues like defective implant monitoring and the failure to remove defective medical devices once a problem is identified.

Illinois Law and the Certificate of Merit Requirement

Filing a medical device malpractice lawsuit in Illinois is not as simple as submitting a complaint. The Illinois Healing Art Malpractice Act, codified at 735 ILCS 5/2-622, imposes a specific procedural requirement before your case can move forward. This requirement is designed to screen out meritless claims and ensure that a qualified medical professional has reviewed the facts before litigation begins.

Under 735 ILCS 5/2-622, the plaintiff’s attorney must attach an affidavit to the complaint declaring that a qualified health professional has reviewed the case. That reviewing professional must be knowledgeable in the relevant area of medicine, must have practiced or taught in that area within the last six years, and must have determined in a written report that there is a reasonable and meritorious basis for the claim. The affidavit must identify the profession of the reviewing health professional.

This requirement applies whether the claim is framed as a tort, a contract action, or any other theory seeking damages for injuries caused by healing art malpractice. If the affidavit is not filed with the complaint, the case can be dismissed. For patients who have been harmed by a defective pacemaker, a failed orthopedic implant, or a surgical stapler that misfired, this procedural step is non-negotiable.

The certificate of merit requirement means that working with an experienced abogado de negligencia médica from the beginning is essential. Identifying the right expert, reviewing medical records, and drafting a compliant affidavit all take time. Trying to put this together at the last minute increases the risk of a technical dismissal that could cost you your entire case.

Illinois courts take 735 ILCS 5/2-622 seriously. Judges in Cook County, where cases are often filed at the Richard J. Daley Center on Washington Street in the Loop, will dismiss complaints that do not comply. Getting this right from day one protects your right to have your case heard on the merits.

Deadlines, Liability Rules, and What They Mean for Your Case

Illinois law sets firm deadlines for filing medical malpractice claims, and missing them means losing your right to compensation entirely. The governing statute is 735 ILCS 5/13-212, which creates a two-part deadline structure.

Under 735 ILCS 5/13-212(a), an Illinois medical malpractice action generally must be brought within two years after the claimant knew, or through reasonable diligence should have known, of the injury or death for which damages are sought. In most Illinois medical malpractice cases, the deadline is two years from when the patient knew or reasonably should have known of the injury and its connection to medical care, but there is usually a four-year outside limit from the act or omission.

The four-year outside limit is called a statute of repose. Statutes of repose set time limits measured from a date specified in the statute, not the date when a claim accrues. A lawsuit will be barred if it is filed after the statute of repose expires, even if the statute of limitations has not yet run. This is critically important in device cases, where a patient may not realize that an implant is failing until years after surgery.

If a healthcare provider intentionally hid the problem, the deadline may be extended. Under 735 ILCS 5/13-215, if a healthcare provider intentionally hides wrongdoing, victims have five years from the time they discover the fraudulent concealment to file a lawsuit.

On the liability side, Illinois follows joint and several liability rules under 735 ILCS 5/2-1117. This statute requires that all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. Any defendant whose share of fault is 25% or greater is also jointly and severally liable for all other damages. This matters in device cases because responsibility is often shared between a manufacturer and a hospital or surgeon, and the 25% threshold determines how much financial exposure each party carries.

If a patient dies as a result of medical device malpractice, surviving family members may have a claim under the Illinois Wrongful Death Act, 740 ILCS 180/1. That statute allows the decedent’s estate to pursue damages on behalf of surviving family members when death is caused by wrongful act or neglect. Note that under 740 ILCS 180/1, punitive damages are not available in healing art malpractice actions.

What Compensation You Can Pursue After a Medical Device Injury in Chicago

Patients harmed by defective or negligently used medical devices can pursue several categories of damages. The goal of a personal injury claim is to make you as whole as possible, financially speaking, for the harm you suffered.

Economic damages cover the direct financial losses tied to your injury. These include past and future medical bills, costs of additional surgeries to remove or replace the device, lost wages during recovery, and reduced earning capacity if the injury affects your ability to work long-term. In device cases, these costs can be enormous. A failed hip implant may require multiple revision surgeries. A malfunctioning pacemaker may demand emergency intervention and months of follow-up care.

Non-economic damages compensate for harms that do not come with a price tag, but are just as real. Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for a spouse are all recoverable in Illinois medical malpractice cases. Illinois does not currently cap non-economic damages in medical malpractice cases, following the Illinois Supreme Court’s ruling that struck down prior damage caps as unconstitutional.

Attorney fees in medical malpractice cases are governed by 735 ILCS 5/2-1114. Under this statute, the total contingent fee for the plaintiff’s attorney in a medical malpractice action cannot exceed 33 and one-third percent of all sums recovered. This means you pay nothing upfront. The firm’s fee comes out of the recovery, and if there is no recovery, you owe no attorney fee. This arrangement makes it possible for injured patients across Chicago, from Wicker Park to South Shore, to access quality legal representation regardless of their financial situation.

If you or someone you love was harmed by a defective implant, a failed surgical device, or a medical professional’s misuse of equipment, the team at Briskman Briskman & Greenberg is ready to review your case. A Chicago abogado de lesiones personales at our firm can walk you through your options at no cost. Call us today at (312) 222-0010 for a free consultation.

Why Choosing the Right Legal Team Matters in Chicago Device Cases

Medical device malpractice cases are among the most demanding personal injury claims in Illinois. They require a command of both medical science and product liability law, access to qualified expert witnesses, and the resources to take on large medical device manufacturers and hospital systems simultaneously.

These cases often involve detailed analysis of FDA approval records, device recall history, operative reports, and post-procedure monitoring notes. A abogado de negligencias médicas handling your case needs to understand not just what the device was supposed to do, but why it failed and who bears responsibility for that failure.

Briskman Briskman & Greenberg has spent decades fighting for injured Chicagoans. Our firm handles cases across Cook County and the surrounding communities. We work with clients in Berwyn, Cicero, Tinley Park, Mount Prospect, and throughout the greater Chicago area. Whether your case involves a failed orthopedic implant after surgery at a hospital near the Medical District, a defective insulin pump that caused a diabetic emergency, or a surgical mesh complication discovered years after your procedure, we take the time to understand what happened and build the strongest possible case on your behalf.

Our firm handles medical device malpractice cases on a contingency fee basis, consistent with the limits set by 735 ILCS 5/2-1114. You pay no attorney fee unless we recover compensation for you. We also advance the costs of litigation, including expert witness fees and medical record review, so financial concerns do not prevent you from pursuing justice.

If you are unsure whether your situation qualifies as medical device malpractice, the best thing you can do right now is call. A abogado de negligencia médica at Briskman Briskman & Greenberg will review your facts, explain your options, and tell you honestly what your case may be worth. Reach us at (312) 222-0010 or visit our office at 205 W Randolph St., Suite 925, Chicago, IL 60606. We also serve clients through our offices accessible to residents of Mount Prospect y Berwyn.

FAQs About Medical Device Malpractice in Chicago

What is the difference between a defective medical device claim and a medical malpractice claim?

A defective medical device claim focuses on the product itself. It argues that the device was flawed in its design, manufacturing, or labeling before it ever reached the patient. A medical malpractice claim focuses on the conduct of a healthcare provider who used the device negligently. In many cases, both claims exist at the same time. A surgeon may have used a device correctly, but the device was defective. Or the device may have been fine, but the surgeon used it in the wrong patient or failed to monitor it properly afterward. Illinois law allows you to pursue both theories simultaneously, and 735 ILCS 5/2-1117 allows multiple defendants to share liability for the same injury.

How long do I have to file a medical device malpractice lawsuit in Illinois?

Under 735 ILCS 5/13-212(a), you generally have two years from the date you knew or reasonably should have known that a medical device caused your injury. There is also an absolute four-year statute of repose that runs from the date of the negligent act or omission, regardless of when you discovered the harm. Missing either deadline can permanently bar your claim. If a healthcare provider intentionally concealed the problem, 735 ILCS 5/13-215 may extend the deadline to five years from the date you discovered the concealment. Given how quickly these deadlines can pass, you should contact an attorney as soon as you suspect a device may have harmed you.

Can I sue a medical device manufacturer even if the FDA approved the device?

FDA approval does not automatically shield a manufacturer from liability under Illinois law. Approval means the FDA found the device acceptable for market based on the information provided, but manufacturers can still be held responsible if they hid data during the approval process, failed to warn physicians of known risks, or produced devices that deviated from the approved design. The learned intermediary doctrine requires manufacturers to warn treating physicians about risks. If that warning was inadequate or absent, and a patient was injured as a result, the manufacturer may be liable regardless of FDA clearance.

What should I do if I think a medical device harmed me?

Start by seeking medical attention if you have not already done so. Document your symptoms and keep records of every appointment, test, and procedure related to the device. Do not discard the device or any packaging if you still have access to it. Request copies of your medical records, including operative reports and device identification information. Avoid giving recorded statements to any insurance company or device manufacturer before speaking with an attorney. Then contact a abogado de negligencia médica promptly, because the two-year deadline under 735 ILCS 5/13-212 begins running from the date you knew or should have known of the injury. Briskman Briskman & Greenberg offers free consultations at (312) 222-0010.

Does Briskman Briskman & Greenberg handle medical device cases outside of Chicago proper?

Yes. While the firm is based in Chicago at 205 W Randolph St., Suite 925, Chicago, IL 60606, Briskman Briskman & Greenberg represents clients throughout the greater Chicago metropolitan area, including Cook County suburbs and surrounding communities. The firm handles cases for clients in Berwyn, Cicero, Tinley Park, Des Plaines, Mount Prospect, and other nearby areas. If you were treated at a hospital or surgical center anywhere in the Chicago region and believe a medical device caused your injury, call (312) 222-0010 to discuss your situation with the firm’s legal team.

More Resources About Medical Device and Implant Negligence in Chicago

• Pacemaker Implant Errors Medical Malpractice in Chicago
• Orthopedic Implant Negligence Medical Malpractice in Chicago
• Surgical Mesh Implant Errors Medical Malpractice in Chicago
• Defective Implant Monitoring Medical Malpractice in Chicago
• Failure to Remove Defective Medical Devices Medical Malpractice in Chicago