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Belleville Surgical Error Lawyer
A surgical error can change your life in an instant. One wrong cut, one retained instrument, one anesthesia miscalculation, and a patient who walked into a hospital expecting to get better walks out, or never walks out at all, facing a lifetime of consequences. If you or someone you love suffered harm because of a preventable mistake in the operating room, you deserve honest answers and strong legal representation. The team at Chicago abogado de lesiones personales firm Briskman Briskman & Greenberg is ready to help you understand your rights and fight for the compensation you deserve. Our office is located at 205 W Randolph St., Suite 925, Chicago, IL 60606, and we serve clients throughout the greater Belleville area and across Illinois.
Table of Contents
- What Is a Surgical Error Under Illinois Law?
- How Common Are Surgical Errors in Illinois?
- Illinois Law and Your Rights as a Surgical Error Victim
- Filing Deadlines You Cannot Afford to Miss
- What Compensation Can You Recover After a Surgical Error?
- Why Choose Briskman Briskman & Greenberg for Your Belleville Surgical Error Case?
- FAQs About Belleville Surgical Error Lawyers
What Is a Surgical Error Under Illinois Law?
A surgical error is a preventable mistake that occurs before, during, or after an operation. It happens when a surgeon, nurse, anesthesiologist, or other member of the surgical team fails to meet the accepted standard of care, and that failure causes harm to the patient. Not every bad surgical outcome is malpractice. Surgery carries real risks, and sometimes complications happen even when everyone does their job correctly. The key question is whether the harm resulted from negligence, meaning the medical team did something that a reasonably careful provider would not have done, or failed to do something they should have done.
Nearly 98,000 Americans die each year as a result of preventable medical errors. Over 1.5 billion dollars per year are paid, nationally, to cover the cost of medical errors, which contributes to increases in health care costs across the board. Illinois has its own reporting structure for these events. The Illinois Department of Public Health’s Division of Patient Safety and Quality promotes health care transparency and is responsible for developing and implementing programs to collect and report health care provider data, including through the Hospital Report Card Act, the Consumer Guide, and the Adverse Event Reporting Act, making hospital and ambulatory surgical center performance data available to the public.
Common surgical errors that give rise to a malpractice claim in Illinois include wrong-site surgery, retained surgical instruments or sponges left inside the body, anesthesia errors, nerve damage caused by improper technique, organ perforation, and failure to monitor a patient after the procedure. These “wrong-site, wrong-procedure, wrong-patient errors” are rightly termed never events, meaning errors that should never occur and that indicate serious underlying safety problems. If you had surgery at a hospital near Belleville or anywhere in the Metro East area and something went wrong that you believe was avoidable, speaking with an attorney is the right first step.
How Common Are Surgical Errors in Illinois?
Surgical errors happen more often than most patients realize. Although these types of medical errors are completely preventable, medical data from Johns Hopkins University shows that the prevalence of “never event” surgical errors in the United States is high, occurring at least 4,000 times each year. Illinois is not immune from this problem. Patients in the Belleville region, including those treated at facilities near St. Clair County and throughout the Metro East corridor, are subject to the same systemic risks as patients anywhere in the state.
When surgical sponges, instruments, needles, or other objects remain inside a patient after skin closure, the consequences may not appear immediately. Some patients experience symptoms within days, while others go months or years before discovering the source of their pain, infection, or internal damage. The Joint Commission reported 110 sentinel events involving retained foreign objects in 2023, with surgical sponges being the most commonly retained objects, followed by guide wires and fragments of surgical instruments or devices.
Wrong-site surgery is another serious category. Wrong-site surgery may involve operating on the wrong side of the body, or the incorrect body site, including operating on the wrong level of the spine, which is a surprisingly common issue for neurosurgeons. These errors often trace back to systemic failures, not just individual carelessness. Common factors that play a role in surgical mistakes include poor communication among the surgical team, fatigue or rushing during long shifts, inadequate training or inexperience, faulty or outdated equipment, and skipping safety protocols like marking the surgical site. When those failures cause harm to a real person, the law provides a path to accountability.
Illinois Law and Your Rights as a Surgical Error Victim
Illinois law gives surgical error victims the right to pursue compensation through a medical malpractice claim. To win, you must show that a provider-patient relationship existed, that the provider breached the accepted standard of care, that the breach caused your injury, and that you suffered real damages as a result. Proving each element requires medical evidence, expert testimony, and a thorough review of surgical records, which is why having an experienced legal team matters from the start.
En abogados de negligencia médica familiar with 735 ILCS 5/2-622, Illinois requires that any malpractice complaint include an affidavit from the plaintiff’s attorney declaring that a qualified health professional reviewed the facts of the case, determined that the medical records support the claim, and confirmed in writing that there is a reasonable and meritorious cause for the lawsuit. This health professional must have practiced or taught in the same area of medicine within the last six years and must be qualified by experience or demonstrated competence in the subject of the case. Failing to file this affidavit can result in dismissal of your claim, which is why you need legal counsel who understands these procedural requirements.
Illinois also follows a modified comparative fault rule under 735 ILCS 5/2-1116. This means that even if you are found partially at fault, you can still recover damages as long as your share of fault does not exceed 50%. Your total recovery would be reduced in proportion to your percentage of fault. Under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. Any defendant whose fault is 25% or greater is jointly and severally liable for all other damages as well. This matters in surgical error cases where multiple parties, including the surgeon, the hospital, and the nursing staff, may all share responsibility for what went wrong.
Filing Deadlines You Cannot Afford to Miss
Time is one of the most critical factors in a surgical error case. Illinois imposes strict deadlines for filing medical malpractice claims, and missing them almost always means losing the right to pursue compensation entirely. Under 735 ILCS 5/13-212, you generally have two years from the date you knew, or through reasonable diligence should have known, about the injury caused by the surgical error. There is also an absolute outer limit of four years from the date the negligent act or omission occurred, regardless of when you discovered the harm.
There is an important exception for cases involving a foreign object left inside the body. In those situations, the discovery rule may allow the clock to start running from the date you actually discovered, or reasonably should have discovered, the retained object. For patients who were under 18 years old at the time of the surgical error, the deadline is extended to eight years from the date of the act, but the claim must be filed before the patient’s 22nd birthday. If a person entitled to bring a claim is under a legal disability at the time the cause of action accrues, the limitations period does not begin to run until that disability is removed.
These deadlines apply whether your claim is against an individual surgeon, a hospital, a nursing team, or any combination of providers. There is a time limit for filing a medical malpractice claim in Illinois, and waiting too long can mean losing your right to pursue compensation altogether. The timeline can vary depending on when the error occurred and when it was reasonably discovered. Because these deadlines can be short and differ by circumstance, it is best to speak with an attorney as soon as possible. The attorneys at Briskman Briskman & Greenberg can review your situation and tell you exactly where you stand. Call us today at (312) 222-0010 for a free consultation.
What Compensation Can You Recover After a Surgical Error?
Surgical errors can cause catastrophic, life-altering harm. The compensation available to you reflects the full scope of that harm, not just the immediate medical bills. In Illinois, there is no cap on medical malpractice damages following the Illinois Supreme Court’s decision in Lebron v. Gottlieb Memorial Hospital (2010), which struck down the prior statutory cap as unconstitutional. This means your recovery is not artificially limited, and your legal team can pursue the full value of your losses.
Recoverable damages in a surgical error case typically include past and future medical expenses for corrective surgeries, rehabilitation, and ongoing care; lost wages and lost earning capacity if the error left you unable to work; pain and suffering; emotional distress; and loss of enjoyment of life. In cases where a surgical error causes death, the victim’s family may be able to bring a claim under the Illinois Wrongful Death Act, 740 ILCS 180/1. That law allows surviving family members to pursue damages when a wrongful act or negligence causes a person’s death, provided the deceased would have had the right to bring a personal injury claim had they survived. It is important to note that under 740 ILCS 180/1, punitive damages are not available in healing art malpractice actions.
Nuestra abogados especializados en negligencias médicas at Briskman Briskman & Greenberg work with medical and financial experts to document every element of your damages. Whether your injury required a second surgery to correct a retained instrument, or you suffered permanent nerve damage from a procedure gone wrong near Memorial Hospital in Belleville, we build the case to reflect the true cost of what happened to you. We also handle related catastrophic injury claims, including traumatic brain injuries and spinal cord damage that can result from surgical negligence. Our firm handles these cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. You may still be responsible for certain costs and expenses, which we will explain clearly at the start of your case.
Why Choose Briskman Briskman & Greenberg for Your Belleville Surgical Error Case?
Briskman Briskman & Greenberg has been representing injured Illinois residents for decades. Our firm handles serious personal injury and medical malpractice cases throughout the state, including cases arising from surgical errors in the Belleville and Metro East region. We know how to gather surgical records, identify the right medical experts, satisfy Illinois’s affidavit requirements under 735 ILCS 5/2-622, and build a compelling case for maximum compensation.
Belleville residents often receive care at facilities throughout St. Clair County and the broader Metro East region, including hospitals accessible via Interstate 64 and Illinois Route 15. When something goes wrong at any of those facilities, the legal process that follows can feel overwhelming. Our team handles every aspect of your case, from the initial investigation to negotiations with insurance carriers to trial if necessary. We do not shy away from taking on hospitals, surgical teams, or large medical institutions.
We also handle related claims that frequently arise alongside surgical error cases, including misdiagnosis, medication errors, birth injuries, and nursing home abuse. If your surgical error claim involves a wrongful death, our attorneys have the knowledge to pursue the full range of damages available to your family under Illinois law. Our abogados especializados en negligencias médicas understand that behind every case file is a real person whose life has been turned upside down. We treat every client with the respect and attention their situation deserves.
Briskman Briskman & Greenberg also handles cases involving abogados de negligencia médica needs across northern Illinois, and our abogado de negligencias médicas team serves clients in the south and southwest suburbs as well. No matter where in Illinois your surgical error occurred, we are prepared to fight for you. Contact Briskman Briskman & Greenberg today at (312) 222-0010 or visit us at 205 W Randolph St., Suite 925, Chicago, IL 60606. Your consultation is free, and there is no fee unless we win your case.
FAQs About Belleville Surgical Error Lawyers
What qualifies as a surgical error under Illinois law?
A surgical error is a preventable mistake made before, during, or after an operation that falls below the accepted standard of care and causes harm to the patient. Examples include wrong-site surgery, retained instruments or sponges left in the body, anesthesia errors, nerve damage from improper technique, and failure to monitor the patient after surgery. Not every poor surgical outcome is malpractice. The error must result from negligence, meaning the provider did something a reasonably careful medical professional would not have done, or failed to do something they should have done.
How long do I have to file a surgical error lawsuit in Illinois?
Under 735 ILCS 5/13-212, you generally have two years from the date you knew or reasonably should have known about the injury, with an absolute outer limit of four years from the date the negligent act occurred. For minors, the deadline extends to eight years from the date of the act, but the claim must be filed before the patient’s 22nd birthday. Certain exceptions apply, including for cases involving foreign objects left inside the body. Because these deadlines are strict and vary by circumstance, you should speak with an attorney as soon as possible to protect your rights.
Can I sue the hospital, not just the surgeon, for a surgical error?
Yes. Illinois law allows you to hold multiple parties accountable for a surgical error. Hospitals can be liable for the negligence of their employees, including surgeons, nurses, and anesthesiologists, under the legal theory of vicarious liability. Hospitals may also face direct liability for systemic failures, such as inadequate staffing, poor training, or failure to enforce safety protocols. Under 735 ILCS 5/2-1117, defendants whose fault is 25% or greater are jointly and severally liable for all damages, which can be critical when multiple providers share responsibility for what went wrong.
What is the affidavit requirement in Illinois surgical error cases?
Under 735 ILCS 5/2-622, any medical malpractice complaint filed in Illinois must be accompanied by an affidavit stating that a qualified health professional reviewed the case, examined the relevant medical records, and confirmed in writing that there is a reasonable and meritorious basis for the lawsuit. That reviewing professional must have practiced or taught in the same area of medicine within the last six years. Failing to file this affidavit with your complaint can result in dismissal of your case. An attorney experienced in Illinois medical malpractice law will handle this requirement on your behalf.
What damages can I recover in a Belleville surgical error case?
You may be able to recover compensation for past and future medical expenses, including the cost of corrective surgeries, rehabilitation, and long-term care; lost wages and reduced earning capacity; pain and suffering; emotional distress; and loss of enjoyment of life. Illinois does not cap medical malpractice damages, so your recovery is not artificially limited. If a surgical error caused the death of a family member, the Illinois Wrongful Death Act (740 ILCS 180/1) may allow surviving family members to pursue a separate claim. Note that punitive damages are not available in healing art malpractice actions under Illinois law. Each case is different, and the value of your claim depends on the specific facts and the extent of your injuries.
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