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Ureter Injury During Surgery Medical Malpractice in Chicago
A ureter injury during surgery is one of the most serious surgical complications a patient can suffer. The ureters are the two tubes that carry urine from the kidneys down to the bladder. When a surgeon accidentally cuts, clamps, ties off, or burns one of these tubes, the consequences can be life-altering. Kidney damage, dangerous infections, and permanent urinary dysfunction are all real possibilities. If you or someone you love suffered a ureter injury during a procedure in Chicago, you deserve to know whether that injury was the result of medical negligence, and what your legal options are.
Table of Contents
- How Ureter Injuries Happen During Surgery and Why They Are Often Negligence
- Signs and Symptoms That Your Ureter Was Injured During Surgery
- What Illinois Law Requires to Prove a Ureter Injury Malpractice Claim
- Illinois Deadlines for Filing a Ureter Injury Malpractice Lawsuit
- What Compensation You Can Recover for a Ureter Injury Caused by Surgical Negligence
- Why Briskman Briskman & Greenberg Handles Ureter Injury Malpractice Cases in Chicago
- FAQs About Ureter Injury During Surgery Medical Malpractice in Chicago
How Ureter Injuries Happen During Surgery and Why They Are Often Negligence
The ureter runs close to major reproductive and abdominal organs, which puts it at risk during a wide range of procedures. Research analyzing 13 published studies found that hysterectomy accounts for 54% of iatrogenic ureteral injuries, followed by colorectal surgery at 14%, pelvic procedures such as ovarian tumor removal at 8%, and abdominal vascular surgery at 6%. In plain terms, these are common surgeries performed every day in Chicago hospitals, from Northwestern Memorial to Rush University Medical Center.
An unrecognized or mismanaged ureteral injury can lead to significant complications, including urinoma, abscess, ureteral stricture, and potential loss of the affected kidney or even death. These are not minor inconveniences. They are serious, often permanent harms.
Surgeons are trained to identify and protect the ureters throughout any pelvic or abdominal procedure. When a surgeon fails to do that, the question becomes whether the failure met the standard of care, meaning the level of skill and attention that a reasonably competent surgeon in the same specialty would have used under the same circumstances. A ureter injury is not automatically malpractice, but when it results from a failure to visualize, protect, or promptly identify the ureter during surgery, a strong case for negligence may exist.
Alarmingly, only about one-third of ureteral injuries are typically identified during the operation itself. That means most patients leave the operating room without anyone knowing the ureter was damaged. The injury then reveals itself through pain, fever, or kidney failure in the days and weeks that follow. A delayed recognition of the injury can make the harm significantly worse, and that delayed recognition may itself be a separate act of negligence.
Signs and Symptoms That Your Ureter Was Injured During Surgery
Recognizing a ureter injury after surgery can be difficult because the early symptoms often resemble normal post-operative discomfort. That is exactly why so many of these injuries go undetected until serious complications have already developed. Knowing what to watch for can make a real difference in your health and in your legal case.
Common signs of an undetected ureter injury include flank pain or pain in the side or back, fever, decreased urine output, nausea, and abdominal swelling. Some patients develop a urinary fistula, which is an abnormal passage that allows urine to leak into surrounding tissue or out of the body in unusual ways. A delayed diagnosis of a ureter injury can significantly impact the patient’s quality of life, increasing the risk of severe complications such as genitourinary fistulas.
If your surgeon or post-operative care team dismissed your symptoms after surgery, failed to order imaging, or sent you home without investigating a possible ureter injury, that failure may also be actionable. Patients recovering at hospitals along the Magnificent Mile or in suburban Chicago communities deserve the same attentive post-surgical monitoring as anyone else. Failure to recognize surgical complications is a recognized form of medical negligence, and it can compound the original injury significantly.
Ureteral injuries are more often diagnosed postoperatively, particularly in malignant and complex procedures, which highlights the need for targeted intraoperative vigilance and multidisciplinary management in high-risk cases. When that vigilance is absent, patients pay the price. If you experienced any of these symptoms after a pelvic, abdominal, or gynecological procedure, speak with a Chicago abogado de lesiones personales who handles surgical malpractice claims.
What Illinois Law Requires to Prove a Ureter Injury Malpractice Claim
Illinois medical malpractice law sets out specific requirements that must be met before a case can proceed. Understanding these requirements helps you know what your attorney will need to build on your behalf. These cases are not simple, but they are winnable when the facts support them.
First, your claim must be supported by an affidavit from a qualified medical professional. Under 735 ILCS 5/2-622, a plaintiff filing a medical malpractice lawsuit in Illinois must attach an affidavit stating that a licensed health professional has reviewed the case and determined that there is a reasonable and meritorious cause for filing the action. This requirement exists to screen out claims that lack medical support, and it means your attorney needs to work with a medical expert from the very beginning.
To win a ureter injury malpractice case, four elements must be proven. The surgeon or medical team owed you a duty of care. They breached that duty by failing to meet the accepted standard of care. That breach directly caused your ureter injury or the worsening of it. You suffered measurable damages as a result. Each element must be supported by evidence, including medical records, operative reports, imaging studies, and expert testimony from surgeons in the same specialty.
En 735 ILCS 5/2-1117, when multiple defendants are found liable, those whose fault is 25% or greater are jointly and severally liable for all damages, meaning you can recover the full amount from any one of them. This matters in surgical cases where both the operating surgeon and the hospital may share responsibility. A skilled abogado de negligencia médica can identify every responsible party and pursue all available sources of compensation on your behalf.
Illinois Deadlines for Filing a Ureter Injury Malpractice Lawsuit
Time limits govern every medical malpractice case in Illinois, and missing a deadline can permanently end your right to compensation. Illinois medical malpractice claims are governed by 735 ILCS 5/13-212, which establishes a dual-deadline framework combining a discovery-based statute of limitations with an absolute statute of repose.
Under 735 ILCS 5/13-212, most medical malpractice claims must be filed within two years of the date the patient knew or reasonably should have known about the injury and knew or should have known that the injury may have been caused by a healthcare provider’s negligent act or omission. This is called the discovery rule, and it is especially important in ureter injury cases because many patients do not immediately connect their post-surgical symptoms to a surgical error.
Even with the discovery rule, Illinois imposes a hard outer limit. Regardless of when the injury was discovered, no medical malpractice claim can be filed more than four years after the alleged malpractice took place. This is the statute of repose, and it applies even if you had no way of knowing the injury occurred. If your surgery happened years ago and you are only now connecting your ongoing health problems to a possible ureter injury, you need to act immediately.
When a ureter injury leads to death, the family may pursue a wrongful death claim under the Illinois Wrongful Death Act, 740 ILCS 180. That claim must generally be filed within two years of the date of death. Do not wait to find out whether your case is still within the filing window. Contact a abogado de negligencias médicas right away so your rights can be evaluated before any deadline passes.
What Compensation You Can Recover for a Ureter Injury Caused by Surgical Negligence
A ureter injury caused by surgical negligence can produce both economic and non-economic damages. Illinois law allows injured patients to recover both categories in medical malpractice cases, and there is no cap on either type under current Illinois law following the Illinois Supreme Court’s decision striking down prior damage caps.
Economic damages cover the direct financial costs of the injury. These include the cost of corrective surgeries to repair the ureter, hospital stays, follow-up procedures such as stent placements or nephrostomy tubes, ongoing kidney monitoring, lost wages during recovery, and future medical expenses if the injury causes permanent kidney damage. Complications from an unrecognized or mismanaged ureteral injury can include urinoma, abscess, ureteral stricture, and potential loss of the affected kidney. Each of these outcomes carries its own long-term medical cost.
Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and the physical limitations that follow a serious kidney or urinary injury. Illinois does not cap non-economic damages in medical malpractice cases. Under 735 ILCS 5/2-1115, punitive damages are not available in medical malpractice cases in Illinois, so compensation is limited to actual compensatory damages, but those can still be substantial depending on the severity of your injuries.
En 735 ILCS 5/2-1114, attorney contingency fees in Illinois medical malpractice cases are capped at 33 and one-third percent of all sums recovered. This means you pay nothing out of pocket to pursue your case. The fee comes only from a recovery, so there is no financial risk to you in consulting with a abogado de negligencia médica about your situation.
Why Briskman Briskman & Greenberg Handles Ureter Injury Malpractice Cases in Chicago
Briskman Briskman & Greenberg is a Chicago personal injury law firm with decades of experience representing patients injured by medical negligence throughout the Chicago metropolitan area. The firm serves clients across Cook County and the surrounding region, from neighborhoods like Lincoln Park and Hyde Park to communities along the North Shore and in the western suburbs.
Ureter injury cases require a thorough review of operative reports, post-operative notes, imaging records, and hospital protocols. They also require medical experts who can speak to the standard of care in the relevant surgical specialty. Briskman Briskman & Greenberg has the resources and the relationships to build these cases properly. The firm works with qualified medical professionals to evaluate each claim under the requirements of 735 ILCS 5/2-622 before any lawsuit is filed.
The firm handles cases on a contingency fee basis. You pay no attorney fees unless a recovery is obtained. This arrangement is consistent with the fee structure set out under 735 ILCS 5/2-1114, and it means cost is never a barrier to getting your case evaluated. Whether you are recovering from a botched hysterectomy performed near Millennium Park or a colorectal surgery at a hospital on the city’s South Side, the team at Briskman Briskman & Greenberg is ready to listen to your story and give you an honest assessment of your options.
If you believe a ureter injury resulted from surgical negligence, contact Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation. The firm is located at 205 W Randolph St., Suite 925, Chicago, IL 60606. You can also reach a abogado de negligencias médicas serving the broader Chicago area, including clients in Mt. Prospect, Berwyn, and surrounding communities. Speaking with a abogado de negligencia médica costs nothing and could make all the difference in protecting your rights.
FAQs About Ureter Injury During Surgery Medical Malpractice in Chicago
Is every ureter injury during surgery considered medical malpractice?
Not every ureter injury is malpractice. Surgery carries inherent risks, and a ureter injury can sometimes occur even when a surgeon performs a procedure correctly. Malpractice exists when the injury resulted from a failure to meet the accepted standard of care, such as failing to identify and protect the ureter during a pelvic procedure, using improper surgical technique, or failing to recognize and repair the injury in a timely manner. A qualified medical expert must review your case to determine whether negligence occurred.
How long do I have to file a ureter injury malpractice lawsuit in Illinois?
Under 735 ILCS 5/13-212, you generally have two years from the date you knew or reasonably should have known that your injury was caused by medical negligence. However, no lawsuit can be filed more than four years after the date of the surgical act or omission, regardless of when you discovered the injury. Because ureter injuries are often discovered weeks or months after surgery, the clock can be difficult to track. Contact an attorney as soon as possible to protect your rights.
What if my ureter injury was not discovered until after I left the hospital?
This is a common situation. Many ureter injuries go undetected during the operation itself and only become apparent days or weeks later through symptoms like flank pain, fever, or kidney problems. The discovery rule under Illinois law allows the two-year filing period to begin when you knew or should have known the injury was connected to negligent care. However, the four-year statute of repose still applies as an absolute outer limit, so do not delay in seeking legal advice.
Can I sue the hospital as well as the surgeon for a ureter injury?
Yes, in many cases both the surgeon and the hospital may be named as defendants. Hospitals can be held liable for the negligence of employed staff, for credentialing failures, or for systemic failures in surgical protocols. Under 735 ILCS 5/2-1117, defendants found to be at least 25% at fault are jointly and severally liable for all damages, which means you may be able to recover your full compensation from any defendant whose fault meets that threshold. An attorney can investigate all responsible parties on your behalf.
What damages can I recover if a surgeon negligently injured my ureter in Chicago?
You may be entitled to recover economic damages, including the cost of corrective surgeries, hospital stays, lost income, and future medical care related to kidney damage or ongoing urinary complications. You may also recover non-economic damages for pain and suffering, emotional distress, and reduced quality of life. Illinois does not cap compensatory damages in medical malpractice cases under current law. Attorney fees in these cases are capped at 33 and one-third percent of any recovery under 735 ILCS 5/2-1114, and Briskman Briskman & Greenberg handles these cases on a contingency basis, meaning no fee unless a recovery is obtained.
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