Nuestros abogados
Springfield Medical Malpractice Lawyer
When a doctor, hospital, or other healthcare provider makes a serious mistake, the harm can be life-changing. You may be dealing with a new disability, a longer recovery, or the loss of someone you love. If you are in the Springfield area or anywhere in Illinois, you deserve to know your rights. At Briskman Briskman & Greenberg, we help injured patients and their families understand Illinois medical malpractice law and fight for the compensation they deserve. Read on to learn what the law says, what your case may be worth, and how we can help.
Table of Contents
- What Is Medical Malpractice Under Illinois Law?
- Illinois Medical Malpractice Statistics: What the Numbers Tell Us
- Illinois Law Requirements: The Certificate of Merit and Filing Rules
- Deadlines, Liability Rules, and What You Can Recover
- Common Types of Medical Malpractice Claims in Illinois
- Why Choose Briskman Briskman & Greenberg for Your Medical Malpractice Case
- FAQs About Springfield Medical Malpractice
What Is Medical Malpractice Under Illinois Law?
Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, and that failure causes harm to a patient. Think of it this way: every doctor, nurse, and hospital owes you a duty to treat you with the same skill and care that a reasonably competent provider would use in the same situation. When they fall short of that standard and you get hurt, you may have a valid claim.
Under Illinois law, proving a medical malpractice case requires four elements. Plaintiffs must demonstrate duty, breach, causation, and damages. The duty of care arises from the provider-patient relationship. A breach occurs when the provider fails to meet the standard of care, which could involve diagnostic, treatment, or management errors. In plain terms, you need to show that a provider-patient relationship existed, that the provider did something wrong (or failed to do something right), that the mistake caused your injury, and that you suffered real harm as a result.
Common examples of medical malpractice include misdiagnosis, surgical errors, medication mistakes, and failure to warn a patient about the risks of a procedure. While medical errors occur in various forms, diagnostic errors account for approximately 10-17% of adverse events in healthcare settings, with surgical and medication errors also representing significant portions of malpractice claims. That may sound like a small percentage, but when you consider how many medical procedures happen each year in Illinois, the number of people harmed is significant.
If you were treated at a hospital near the Springfield area, such as HSHS St. John’s Hospital or Memorial Medical Center, and you believe something went wrong, you should speak with a Chicago abogado de negligencia médica as soon as possible. The facts of your situation matter, and acting quickly gives you the best chance of preserving evidence and meeting important legal deadlines.
Illinois Medical Malpractice Statistics: What the Numbers Tell Us
You are not alone if you have been harmed by a medical error. The numbers show just how common these situations are across Illinois. Medical errors are a leading cause of death in the United States, with approximately 251,000 deaths attributed to medical errors annually. Additionally, research indicates that about 795,000 Americans each year either die or become permanently disabled due to misdiagnosis. That is a staggering figure, and it underscores why holding negligent providers accountable matters so much.
Illinois is one of the most active states in the country when it comes to medical malpractice claims. The average medical malpractice payment in Illinois for 2024 was $672,743, and according to National Practitioner Data Bank data, there were 467 medical malpractice payments made in Illinois in 2024. Those payments represent real people who suffered real harm and pursued their legal rights.
One of the most important things to understand about Illinois is that the state does not cap damages in medical malpractice cases. While other states may limit the amount of damages a plaintiff can receive, Illinois does not. In 2010, the state’s highest court ruled that capping damages is unconstitutional. Medical malpractice victims may therefore seek full and fair compensation for economic and noneconomic damages. This means that if you suffered a serious injury, you are not limited to a fixed dollar amount. You can seek compensation for all of your losses, including medical bills, lost wages, and pain and suffering.
Nuestra abogados de negligencia médica at Briskman Briskman & Greenberg understand how Illinois law works, and we know what it takes to build a strong case. If you are in Springfield, Chicago, or anywhere along the I-55 corridor between the two cities, we are ready to listen to your story.
Illinois Law Requirements: The Certificate of Merit and Filing Rules
Illinois has specific procedural rules that every medical malpractice plaintiff must follow. One of the most important is the Certificate of Merit, also known as an Affidavit of Merit. This is required under 735 ILCS 5/2-622, and failing to comply can result in your case being dismissed before it ever gets started.
Under 735 ILCS 5/2-622, when you file a medical malpractice lawsuit in Illinois, your attorney must attach an affidavit to the complaint. That affidavit must state that a qualified health professional reviewed the facts of your case, including your medical records, and determined that there is a reasonable and meritorious cause for the lawsuit. The reviewing health professional must be knowledgeable in the relevant medical issues, must practice or teach (or have done so within the last six years) in the same area of medicine at issue, and must be qualified by experience or demonstrated competence in the subject of the case.
The certificate must include an affidavit from the plaintiff’s attorney stating that a qualified healthcare professional has reviewed the case and determined it has merit. This step helps prevent frivolous lawsuits and ensures only legitimate cases proceed to court. Failure to file this certificate can result in dismissal, though courts may grant extensions to comply under certain circumstances.
This is not a step you want to handle on your own. Working with experienced abogados especializados en negligencias médicas means having a team that knows how to identify the right medical experts, gather your records, and file everything correctly and on time. At Briskman Briskman & Greenberg, we handle this process for our clients so that nothing falls through the cracks.
Deadlines, Liability Rules, and What You Can Recover
Illinois law sets strict deadlines for filing a medical malpractice claim. Under 735 ILCS 5/13-212, you generally have two years from the date you knew (or reasonably should have known) about your injury to file a lawsuit. There is also an absolute four-year limit from the date the malpractice occurred, regardless of when you discovered it. For minors, the rules are different. A child who was harmed has until their 22nd birthday to bring a claim, as long as the action is filed within eight years of the act or omission.
Do not wait to take action. If you were treated at a Springfield-area facility and believe something went wrong, the clock may already be running. A abogado de negligencias médicas can review your situation and tell you exactly how much time you have.
Illinois also follows a modified comparative negligence rule under 735 ILCS 5/2-1116. This means that if you were partly at fault for your own injury, your compensation may be reduced in proportion to your share of the fault. However, as long as your fault is 50% or less, you can still recover damages. If a court finds you more than 50% responsible, you would be barred from recovering anything.
When multiple defendants are at fault, Illinois law under 735 ILCS 5/2-1117 provides that all defendants found liable are jointly and severally liable for your past and future medical expenses. For other damages, a defendant whose fault is 25% or greater is jointly and severally liable, while a defendant whose fault is less than 25% is only severally liable. This matters because it affects how and from whom you can collect your full compensation.
As for what you can recover, Illinois allows both economic and non-economic damages. Economic damages include medical bills, lost wages, and future care costs. Non-economic damages cover pain and suffering, emotional distress, and reduced quality of life. If a loved one died as a result of malpractice, the Illinois Wrongful Death Act (740 ILCS 180) allows the deceased’s personal representatives to bring a claim on behalf of the surviving spouse and next of kin, seeking compensation for pecuniary losses, grief, sorrow, and mental suffering. Note that under 740 ILCS 180, punitive damages are not available in healing art malpractice actions.
Common Types of Medical Malpractice Claims in Illinois
Medical malpractice can take many different forms. Understanding the most common types can help you recognize whether what happened to you may qualify as a claim. If you received care at a hospital near the Illinois State Capitol in Springfield, at a clinic on Route 66, or at any facility in the greater Chicago area including hospitals near the Magnificent Mile or in neighborhoods like Lincoln Park or Hyde Park, these categories apply to you.
Misdiagnosis and delayed diagnosis are among the most frequent causes of malpractice claims. When a doctor misses a cancer diagnosis, fails to identify a heart attack, or sends a patient home when they should be admitted, the consequences can be devastating. An estimated one in three medical care providers will be sued for medical malpractice in their careers. A missed diagnosis is often at the center of those cases.
Surgical errors are another major category. These include operating on the wrong body part, leaving instruments inside a patient, or causing unnecessary damage to surrounding tissue. Medication errors are also very common. Common examples of negligence in medical malpractice cases include misdiagnosis, missed diagnoses, delayed diagnosis, surgical errors, and medication mistakes. Our abogados de negligencia médica at Briskman Briskman & Greenberg have handled cases involving all of these errors and more.
Birth injuries are another serious area of concern. When a doctor or nurse makes a mistake during labor and delivery, the results can affect a child for their entire life. Anesthesia errors, failure to monitor vital signs, and hospital-acquired infections also give rise to valid malpractice claims. No matter what type of error you experienced, the team at Briskman Briskman & Greenberg is here to help you understand your options.
If you are unsure whether what happened to you qualifies as malpractice, reach out to us. As a trusted Chicago abogado de lesiones personales team, Briskman Briskman & Greenberg offers free consultations so you can get honest answers without any financial risk.
Why Choose Briskman Briskman & Greenberg for Your Medical Malpractice Case
Medical malpractice cases are among the most demanding personal injury claims you can bring. They require a deep understanding of both medicine and Illinois law. They involve strict procedural rules, expert witnesses, and often years of litigation. You need a team that takes your case seriously from day one.
At Briskman Briskman & Greenberg, we have spent decades fighting for injured people throughout Chicago and across Illinois. We know how to build a case that meets the requirements of 735 ILCS 5/2-622. We know how to work with qualified medical experts who can review your records and provide the written opinions needed to move your case forward. We know how to calculate your full damages, including future medical costs and the non-economic losses that are so easy to overlook.
We handle cases on a contingency fee basis. That means you pay us nothing unless we recover compensation for you. There is no upfront cost and no financial risk to getting started. Whether your case involves a hospital near the Loop, a clinic in the South Side, or a provider anywhere along the I-72 corridor near Springfield, we are ready to help.
We understand that behind every case is a person who trusted a healthcare provider and got hurt. That trust was broken, and you deserve justice. Call Briskman Briskman & Greenberg today for a free consultation. Let us review your case and tell you exactly where you stand.
FAQs About Springfield 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 reasonably should have known about your injury. There is also an absolute four-year limit from the date the malpractice occurred. For minors, the deadline is generally no later than their 22nd birthday. These deadlines are strict, so you should speak with an attorney as soon as possible to protect your rights.
Does Illinois cap the damages I can receive 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. This means you can seek full compensation for both economic damages (like medical bills and lost wages) and non-economic damages (like pain and suffering). There is no fixed limit on how much you can recover if your case is strong.
What is a Certificate of Merit and why does it matter?
A Certificate of Merit is a required affidavit under 735 ILCS 5/2-622. It must be filed with your complaint and must state that a qualified healthcare professional reviewed your case and found a reasonable and meritorious basis for the lawsuit. Without it, your case can be dismissed. This is one of the most important procedural requirements in Illinois medical malpractice law, and an experienced attorney will handle it for you.
Can I still recover damages if I was partly at fault for my injury?
Yes, in most cases. Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. As long as your share of the fault is 50% or less, you can still recover damages. However, your total compensation will be reduced by the percentage of fault attributed to you. If a court finds you more than 50% at fault, you would not be able to recover anything.
What types of compensation can I seek in a medical malpractice case?
You can seek economic damages such as past and future medical expenses, lost wages, and rehabilitation costs. You can also seek non-economic damages for pain and suffering, emotional distress, and loss of quality of life. If a loved one died due to malpractice, the Illinois Wrongful Death Act (740 ILCS 180) allows surviving family members to seek compensation for pecuniary losses, grief, and mental suffering, though punitive damages are not available in healing art malpractice actions.
More Resources About Healthcare Injuries
VISTO EN:
