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Bolingbrook Medical Malpractice Lawyer
If you or someone you love received medical care in or near Bolingbrook and something went wrong, you may be wondering if you have a case. Medical errors happen more often than most people think. When a doctor, nurse, or hospital fails to meet the accepted standard of care, patients can suffer serious, life-altering harm. You deserve answers, and you deserve someone in your corner. At Briskman Briskman & Greenberg, our team is ready to listen to what happened and help you understand your rights under Illinois law.
Table of Contents
- What Is Medical Malpractice in Illinois?
- Medical Care in Bolingbrook and the Surrounding Area
- Illinois Laws That Protect Medical Malpractice Victims
- What Compensation Can You Recover?
- Why Choose Briskman Briskman & Greenberg for Your Bolingbrook Medical Malpractice Case?
- FAQs About Bolingbrook Medical Malpractice
What Is Medical Malpractice in Illinois?
Medical malpractice happens when a healthcare provider causes harm to a patient by failing to meet the accepted standard of care. That standard is the level of care that a reasonably skilled provider in the same field would deliver under similar circumstances. When a doctor, nurse, surgeon, or hospital falls short of that standard and you are injured as a result, you may have a valid claim.
Common examples of medical malpractice include misdiagnosis, delayed diagnosis, surgical errors, birth injuries, anesthesia mistakes, and medication errors. 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. Those numbers are alarming, but they also reflect a reality that many Bolingbrook families know firsthand.
To win a medical malpractice case in Illinois, you generally need to prove four things. First, a doctor-patient relationship existed. Second, the provider owed you a duty of care. Third, the provider breached that duty. Fourth, that breach directly caused your injury. Common examples of negligence in medical malpractice cases include misdiagnosis, missed diagnoses, delayed diagnosis, surgical errors, and medication mistakes.
Illinois also has a unique filing requirement. Under 735 ILCS 5/2-622, before you can file a medical malpractice lawsuit, your attorney must attach an affidavit to the complaint. That affidavit must state that a qualified health professional reviewed your case and found a reasonable and meritorious cause for the lawsuit. This professional must practice or have practiced within the last six years in the same area of medicine at issue in your case. This rule exists to screen out frivolous claims, but it also means you need experienced legal support from the start. Our Chicago medical malpractice attorney team understands this process and can guide you through every step.
Medical Care in Bolingbrook and the Surrounding Area
Bolingbrook sits in Will County, just about 30 miles southwest of downtown Chicago along Interstate 55. The community has grown rapidly over the decades, and so has its healthcare infrastructure. Bolingbrook Medical Center is a 138-bed hospital that has been serving the community since 2008 and is less than 40 minutes from downtown Chicago. Residents also have access to nearby facilities like Edward-Elmhurst Health, Advocate Good Samaritan Hospital in Downers Grove, and Rush Copley Medical Center in Aurora.
Having access to multiple hospitals and clinics is a good thing. But more healthcare access also means more opportunities for medical errors to occur. Whether you received care at a hospital near Remington Boulevard, visited a specialist off Route 53, or were treated at an urgent care clinic close to the Bolingbrook Promenade, you had the right to a proper standard of care. When that standard was not met, the law gives you the right to seek compensation.
Patients traveling from Bolingbrook to Chicago-area facilities, such as those near the Loop, the Near North Side, or the medical corridor along the Eisenhower Expressway, are also protected under Illinois law. No matter where the care was provided, our team at Briskman Briskman & Greenberg can evaluate your situation. As a trusted Chicago personal injury lawyer firm, we serve clients across the greater Chicago metro area, including Bolingbrook and all of Will County.
Our medical malpractice attorneys understand the local healthcare environment. We know how to investigate claims involving area hospitals, clinics, and individual providers, and we work with qualified medical experts who can speak to the standard of care in your specific situation.
Illinois Laws That Protect Medical Malpractice Victims
Illinois has several important laws that directly affect your medical malpractice claim. Understanding these laws helps you know what to expect if you decide to move forward with a case.
First, the statute of limitations under 735 ILCS 5/13-212 gives most patients two years from the date they knew, or reasonably should have known, about their injury to file a lawsuit. There is also a hard cap: no action can be brought more than four years after the act or omission that caused the harm. For minors, the deadline is extended, but in no case can the action be brought after the person’s 22nd birthday. Missing these deadlines can permanently bar your claim, so acting quickly matters.
Second, Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. This means that if you are found partly responsible for your own injury, your compensation is reduced by your percentage of fault. However, if you are found more than 50% at fault, you cannot recover anything. This is why it is important to have strong legal representation to counter any attempt to shift blame onto you.
Third, under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for your past and future medical expenses. Any defendant whose fault is 25% or greater is jointly and severally liable for all other damages as well. This matters when multiple providers, such as a hospital and a physician, share responsibility for your injury.
Illinois is one of the states that does not cap medical malpractice payments. That means there is no artificial limit on what you can recover, which is a significant advantage for seriously injured patients. Our medical malpractice lawyer team fights to recover every dollar you are owed.
What Compensation Can You Recover?
When a healthcare provider’s negligence causes you harm, Illinois law allows you to seek compensation for a wide range of losses. These fall into two main categories: economic and non-economic damages.
Economic damages cover measurable financial losses. These include past and future medical bills, lost wages, lost earning capacity, rehabilitation costs, and home care expenses. If your injury requires ongoing treatment, the costs can add up to hundreds of thousands of dollars or more over a lifetime.
Non-economic damages cover losses that are harder to put a number on. Pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability all fall into this category. Because Illinois has no cap on these damages, juries can award amounts that truly reflect the impact of the harm on your life.
If a loved one died due to medical negligence, Illinois’ Wrongful Death Act (740 ILCS 180) also provides a path to justice. Under this law, the personal representatives of the deceased can bring a claim on behalf of the surviving spouse and next of kin. The jury may award damages for pecuniary injuries, as well as for grief, sorrow, and mental suffering. It is worth noting that punitive damages are not available in healing art malpractice claims under Illinois law.
The average medical malpractice settlement in the United States is $329,565. However, in Illinois, the average payment is around $684,776. Every case is different, and the value of your claim depends on the severity of your injury, the strength of the evidence, and the skill of your legal team. Our medical malpractice lawyers work hard to build the strongest possible case on your behalf.
Medication errors are one of the most common and overlooked forms of malpractice. If a provider prescribed the wrong drug, the wrong dose, or failed to check for dangerous interactions, the consequences can be severe. Learn more about how our medical malpractice attorneys handle medication error cases and what your options may be.
Why Choose Briskman Briskman & Greenberg for Your Bolingbrook Medical Malpractice Case?
Medical malpractice cases are among the most complex personal injury claims in Illinois. They require a deep understanding of medicine, law, and courtroom strategy. They also require an attorney who will treat you with respect and keep you informed every step of the way.
At Briskman Briskman & Greenberg, we take a personal approach to every case. We listen to your story. We review your medical records. We consult with qualified medical experts. And we build a case designed to hold negligent providers accountable. Our firm serves clients from Bolingbrook, the western suburbs, and throughout the Chicago metro area, including communities near Millennium Park, the South Loop, Wicker Park, and beyond.
We handle medical malpractice claims on a contingency fee basis. That means you pay nothing unless we recover compensation for you. There are no upfront costs and no fees unless we win. This allows you to pursue justice without worrying about the financial risk of hiring a lawyer.
Illinois medical malpractice cases move through the court system in Cook County, Will County, and DuPage County, depending on where the care was provided. Our team is familiar with the local courts, including the Will County Courthouse in Joliet and the Daley Center in Chicago. We know how to handle these cases from the initial filing through trial if necessary.
If you believe you or a family member was harmed by a negligent healthcare provider, do not wait. The clock is ticking on your right to file a claim. Contact Briskman Briskman & Greenberg today for a free, no-obligation consultation. We are here to help you understand your rights and take the next step toward justice.
FAQs About Bolingbrook Medical Malpractice
How long do I have to file a medical malpractice claim 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 a four-year outer limit from the date of the act or omission that caused the harm. For minors, the deadline is extended up to eight years, but no action may be brought after the person’s 22nd birthday. Because these deadlines can be complex and fact-specific, it is important to speak with an attorney as soon as possible.
What does it cost to hire a medical malpractice attorney at Briskman Briskman & Greenberg?
Briskman Briskman & Greenberg handles medical malpractice cases on a contingency fee basis. This means you pay no attorney fees unless we recover compensation for you. There are no upfront costs. You can focus on your recovery while we focus on building your case.
Can I file a claim if a family member died due to medical negligence in Bolingbrook?
Yes. Under Illinois’ Wrongful Death Act (740 ILCS 180), the personal representative of the deceased may bring a claim on behalf of the surviving spouse and next of kin. Recoverable damages can include compensation for pecuniary losses, grief, sorrow, and mental suffering. You should speak with an attorney promptly, as the statute of limitations applies to wrongful death claims as well.
What if the hospital and the doctor were both at fault for my injury?
Illinois law under 735 ILCS 5/2-1117 allows you to pursue multiple defendants in the same case. All defendants found liable are jointly and severally liable for your past and future medical expenses. Any defendant whose share of fault is 25% or greater is also jointly and severally liable for all other damages. This means you can seek full compensation even when more than one provider contributed to your harm.
What if I was partly at fault for my own injury?
Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. If you are found partially at fault, your compensation is reduced by your percentage of fault. For example, if you are 20% at fault, your damages are reduced by 20%. However, if you are found to be more than 50% at fault, you cannot recover anything. This is one reason why having strong legal representation matters. An experienced attorney can help counter attempts to shift blame onto you unfairly.
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