Our Lawyers
Des Plaines Medical Malpractice Lawyer
If you live in Des Plaines or the surrounding northwest suburbs, you trust your doctors, nurses, and hospitals to take care of you. Most of the time, they do. But sometimes, medical providers make serious mistakes that cause real harm. When that happens, you deserve answers and you deserve justice. At Briskman Briskman & Greenberg, our team has spent decades fighting for injured people across the Chicago area, including residents of Des Plaines, Park Ridge, Rosemont, and beyond. If you believe a medical error hurt you or someone you love, a skilled Chicago medical malpractice attorney can help you understand your options and fight for the compensation you need.
Table of Contents
- What Is Medical Malpractice Under Illinois Law?
- Illinois Laws That Govern Your Medical Malpractice Claim
- How Illinois Handles Liability in Medical Malpractice Cases
- What Damages Can You Recover in a Des Plaines Medical Malpractice Case?
- Why Des Plaines Residents Choose Briskman Briskman & Greenberg
- FAQs About Des Plaines 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 injury or death. The standard of care is the level of treatment a reasonably skilled provider in the same specialty would give under similar circumstances. Think of it this way: if you went to Holy Family Medical Center in Des Plaines with chest pain and your doctor sent you home without running proper tests, and you later suffered a heart attack, that could be malpractice.
Illinois law requires that medical providers, whether they are doctors, nurses, surgeons, or hospital staff, treat patients with a level of care that meets accepted medical practice. When they fall short of that standard and you get hurt, the law gives you the right to pursue compensation.
Common types of medical malpractice cases in Illinois include misdiagnosis and delayed diagnosis, surgical errors, birth injuries, anesthesia mistakes, and medication errors. Our medical malpractice attorneys know how these cases work and what it takes to build a strong claim. Residents near O’Hare International Airport, along the I-90 and I-294 corridors, and throughout Cook County’s northwest suburbs rely on the same regional hospitals and clinics. When those facilities or their staff fall short, real families pay the price. If you are not sure whether what happened to you counts as malpractice, reach out to our team. We will review your situation and give you a straight answer.
Illinois Laws That Govern Your Medical Malpractice Claim
Illinois has specific laws that shape how medical malpractice cases work. Understanding them helps you know what to expect. One of the most important is the statute of limitations. Under 735 ILCS 5/13-212, you generally have two years from the date you knew or should have known about your injury to file a claim. There is also an overall four-year limit from the date the act or omission occurred, regardless of when you discovered the harm. For minors, the law allows up to eight years from the date of the act or until the person’s 22nd birthday, whichever comes first.
Illinois also requires that before you file a medical malpractice lawsuit, your attorney must attach an affidavit to the complaint under 735 ILCS 5/2-622. This affidavit confirms that a qualified health professional reviewed the facts of your case and determined there is a reasonable and meritorious basis for the claim. That reviewing professional must have practiced or taught in the same area of healthcare within the last six years. This requirement exists to screen out frivolous claims, but it also means your case needs proper medical support from the start.
Illinois also follows a modified comparative fault rule under 735 ILCS 5/2-1116. If you are found to share some of the blame for your injury, your damages are reduced by your percentage of fault. However, if you are found more than 50% at fault, you cannot recover anything. Our medical malpractice lawyers work to present the clearest possible picture of what happened and who was responsible, so that your recovery is not unfairly reduced. Do not wait to act. Missing the filing deadline could cost you your entire case.
How Illinois Handles Liability in Medical Malpractice Cases
One of the more important legal concepts in Illinois medical malpractice cases is joint and several liability. 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. What this means in plain terms is that if multiple parties, say a surgeon and a hospital, both contributed to your injury, either one can be held responsible for your full medical costs.
The law draws a distinction based on each defendant’s share of fault. A defendant found to be less than 25% at fault is only severally liable for non-medical damages, meaning they only pay their proportionate share. A defendant found to be 25% or more at fault is jointly and severally liable for all other damages. This matters a great deal when one of the defendants has limited insurance or assets. It gives injured patients a better chance of recovering full compensation.
In cases involving multiple defendants, like a hospital, an attending physician, and a specialist, sorting out who bears what share of responsibility is complex. This is where working with an experienced medical malpractice attorneys team makes a real difference. Briskman Briskman & Greenberg knows how to identify all liable parties and hold each one accountable. Whether your case involves a clinic near Oakton Community College, a surgical center off the Tri-State Tollway, or a hospital closer to downtown Chicago, we are ready to fight for you.
What Damages Can You Recover in a Des Plaines Medical Malpractice Case?
When a healthcare provider’s negligence injures you, you may be entitled to recover several types of damages. Economic damages cover your actual financial losses. These include past and future medical bills, lost wages, and the cost of ongoing care or rehabilitation. Non-economic damages cover things that are harder to put a dollar amount on, like pain and suffering, emotional distress, and loss of enjoyment of life.
Illinois does not cap the amount you can recover in a medical malpractice case. The Illinois Supreme Court struck down damages caps as unconstitutional, which means there is no artificial ceiling on your compensation. That is a significant protection for injured patients in Illinois. It also helps explain why Illinois consistently ranks among the states with higher average malpractice payouts.
In the most tragic cases, where a patient dies because of medical negligence, surviving family members may have a wrongful death claim under 740 ILCS 180. This law allows the personal representatives of the deceased to bring a claim for the benefit of the surviving spouse and next of kin. Under the statute, a jury may award damages for pecuniary injuries, including grief, sorrow, and mental suffering. It is worth noting that punitive damages are not available in healing art malpractice cases under Illinois law. Our team at Briskman Briskman & Greenberg handles both personal injury and wrongful death claims arising from medical negligence. If you lost a family member due to a medical error, we are here to help you pursue justice. Contact our Chicago personal injury lawyer team today for a free consultation.
Why Des Plaines Residents Choose Briskman Briskman & Greenberg
Des Plaines sits in the heart of Cook County’s northwest suburbs, just south of O’Hare International Airport and along two major interstates. Residents here have access to several medical facilities, and when something goes wrong at any of them, they need a legal team that knows how to handle serious cases in Cook County courts. Medical malpractice cases filed in Cook County are handled at the Richard J. Daley Center in Chicago’s Loop, and having a team familiar with that courthouse and those proceedings matters.
Briskman Briskman & Greenberg has served the greater Chicago area for years, representing injured people throughout Cook County and the surrounding region. We take medical malpractice cases seriously because we know the stakes are high. These are not minor disputes. They involve life-changing injuries, mounting medical bills, and families who are trying to put their lives back together after a devastating experience.
We handle cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. Our team reviews your medical records, consults with qualified medical experts, and builds the strongest possible case on your behalf. We also understand the emotional weight these cases carry. You trusted a medical professional with your health, and that trust was broken. We take that seriously.
If you or someone in your family was harmed by a medical error in Des Plaines, Park Ridge, Rosemont, or anywhere in the Chicago area, reach out to Briskman Briskman & Greenberg. Our medical malpractice lawyer team is ready to listen, evaluate your case, and help you take the next step. You have nothing to lose by calling us, and you could have a great deal to gain.
FAQs About Des Plaines 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 hard four-year limit from the date the act or omission occurred. For minors, the deadline extends to eight years from the date of the act, but no later than the person’s 22nd birthday. Missing this deadline almost always means losing your right to sue, so contact an attorney as soon as possible.
What do I need to prove in a medical malpractice case in Illinois?
You need to show that a doctor-patient relationship existed, that the provider owed you a duty of care, that the provider deviated from the accepted standard of care, and that this deviation directly caused your injury and damages. Illinois also requires that your attorney file an affidavit under 735 ILCS 5/2-622 confirming that a qualified health professional reviewed the case and found a reasonable and meritorious basis for the claim.
Does Illinois limit how much I can recover in a medical malpractice lawsuit?
No. Illinois does not cap damages in medical malpractice cases. The Illinois Supreme Court struck down damage caps as unconstitutional. This means there is no legal ceiling on your economic damages, like medical bills and lost wages, or your non-economic damages, like pain and suffering. However, punitive damages are not available in healing art malpractice cases under Illinois law.
What if the doctor says my injury was just a known risk of the procedure?
Known risks and medical negligence are two different things. A complication that arises from a properly performed procedure is not the same as an error caused by a failure to meet the standard of care. If a provider failed to properly inform you of the risks, made a technical mistake during the procedure, or mismanaged your care before or after the procedure, you may still have a valid claim. An attorney can help you sort out the difference.
Can I file a medical malpractice claim if a family member died due to a medical error?
Yes. Under Illinois’ Wrongful Death Act, 740 ILCS 180, the personal representative of the deceased can file a claim on behalf of the surviving spouse and next of kin. The law allows recovery for pecuniary injuries and damages for grief, sorrow, and mental suffering. These cases are time-sensitive and legally demanding, so it is important to speak with an attorney as soon as possible after a loved one’s death.
More Resources About Healthcare Injuries
SEEN ON:
