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Evanston Medical Malpractice Lawyer
If you or someone you love received substandard medical care in Evanston or the surrounding Chicago area, you may be dealing with serious injuries, mounting medical bills, and a lot of unanswered questions. Medical malpractice cases are among the most complex personal injury claims in Illinois. They require a deep understanding of both medicine and the law. At Briskman Briskman & Greenberg, we know how much is at stake for you and your family. We are here to help you understand your rights and fight for the compensation you deserve.
Table of Contents
- What Is Medical Malpractice Under Illinois Law?
- Illinois Medical Malpractice Laws That Protect You
- Types of Medical Malpractice Cases We Handle in Evanston
- What Compensation Can You Recover in an Evanston Medical Malpractice Case?
- Why Choose Briskman Briskman & Greenberg for Your Evanston Medical Malpractice Case?
- FAQs About Evanston 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 you harm. In Illinois, the law holds doctors, nurses, hospitals, and other healthcare professionals accountable when their negligence injures a patient. This applies to facilities across the Evanston area, including Endeavor Health Evanston Hospital on Ridge Avenue, Saint Francis Hospital, and Northwestern Medicine’s outpatient center on Chicago Avenue, as well as any clinic or specialist’s office in the region.
To have a valid medical malpractice claim in Illinois, you generally need to prove four things. First, a doctor-patient relationship existed. Second, the provider owed you a duty to meet the accepted standard of care. Third, the provider breached that duty. Fourth, the breach directly caused your injury or worsened your condition.
Common examples of medical malpractice include misdiagnosis, surgical errors, birth injuries, anesthesia mistakes, and medication errors. Approximately 3% to 15% of procedures involve at least one avoidable error, with misdiagnosis being the most common type. That means mistakes happen far more often than most patients realize. If you were hurt by a provider’s failure to meet the standard of care, you have the right to seek compensation.
Illinois also requires that before you file a medical malpractice lawsuit, your attorney must attach a certificate of merit to the complaint. Under 735 ILCS 5/2-622, your attorney must consult with a qualified health professional who has reviewed the facts of your case and determined there is a reasonable and meritorious cause for the action. This step protects against frivolous claims and ensures your case has real merit before it reaches the courts. Our team at Briskman Briskman & Greenberg handles this process thoroughly from the start.
Illinois Medical Malpractice Laws That Protect You
Illinois has several important laws that shape how medical malpractice claims work. Understanding these laws can help you see why acting quickly and working with experienced Chicago medical malpractice attorneys matters so much.
One of the most important laws 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 lawsuit. There is also an absolute deadline of four years from the date the malpractice occurred, regardless of when you discovered it. For minors, the law allows up to eight years from the date of the act, but no action may be brought after the minor’s 22nd birthday. Missing these deadlines almost always means losing your right to compensation, so do not wait.
Illinois also follows a modified comparative fault rule under 735 ILCS 5/2-1116. This means that if you are found partly at fault 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 rule makes it critical to have a strong legal team building your case from the beginning.
When it comes to who pays, Illinois uses a joint and several liability framework under 735 ILCS 5/2-1117. All defendants found liable are jointly and severally responsible for your past and future medical expenses. A defendant who is found to be 25% or more at fault is jointly and severally liable for all other damages as well. This can matter enormously when multiple providers, such as a surgeon and a hospital, share responsibility for your injury.
Importantly, Illinois is one of the states that does not cap medical malpractice payments, which means there is no legal limit on how much you can recover. That is a significant advantage for injured patients in Illinois.
Types of Medical Malpractice Cases We Handle in Evanston
Medical errors can take many forms. Whether you were treated at a large hospital near Central Street in Evanston or at a small clinic near the lakefront, negligence can occur in any setting. At Briskman Briskman & Greenberg, our medical malpractice attorneys handle a wide range of cases throughout the Chicago area and North Shore communities.
Some of the most common types of medical malpractice cases include:
- Misdiagnosis or delayed diagnosis: A doctor fails to correctly identify a condition, such as cancer, a stroke, or a heart attack, leading to delayed treatment and worsened outcomes.
- Surgical errors: A surgeon operates on the wrong site, leaves a foreign object inside the body, or causes unnecessary damage to surrounding tissue.
- Medication errors: A provider prescribes the wrong drug, the wrong dose, or fails to check for dangerous drug interactions. Medical malpractice attorneys who handle these cases understand just how frequently medication errors occur and how devastating they can be.
- Birth injuries: A doctor or nurse fails to respond properly during labor and delivery, causing injury to the mother or child, including conditions like cerebral palsy.
- Anesthesia errors: An anesthesiologist administers too much or too little anesthesia, or fails to monitor a patient properly during surgery.
- Failure to obtain informed consent: A provider performs a procedure without fully explaining the risks, leaving you unable to make an informed decision about your care.
No matter what type of error harmed you, the key question is whether your provider fell below the accepted standard of care. If the answer is yes, and you suffered real harm as a result, you may have a valid claim. Our team reviews every detail of your medical records and works with qualified experts to build the strongest possible case for you.
What Compensation Can You Recover in an Evanston Medical Malpractice Case?
One of the first things people ask after a medical error is, “What is my case worth?” The honest answer is that it depends on the facts of your situation. But Illinois law allows injured patients to seek a broad range of compensation. Illinois stands out with averages well above many larger states, suggesting that a more plaintiff-friendly legal environment directly influences award sizes.
You may be entitled to recover economic damages, which are your measurable financial losses. These include past and future medical bills, lost wages if you missed work, and the cost of long-term care or rehabilitation. If your injuries are permanent, future lost earning capacity is also part of the picture.
You can also pursue non-economic damages for your pain and suffering, emotional distress, and reduced quality of life. These losses are real, even if they are harder to put a number on. Illinois does not cap these damages, which means a jury can award whatever amount they believe is fair and just.
In cases where a patient dies due to medical negligence, Illinois law provides additional protections. Under the Illinois Wrongful Death Act (740 ILCS 180), 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 damages for grief, sorrow, and mental suffering. It is important to note that punitive damages are not available in healing art malpractice cases under Illinois law.
A medical malpractice lawyer can help you identify all the damages you are entitled to and fight to make sure you receive full and fair compensation. Do not accept a low settlement offer from an insurance company without first speaking with an attorney who understands what your case is truly worth.
Why Choose Briskman Briskman & Greenberg for Your Evanston Medical Malpractice Case?
When you are dealing with the aftermath of a medical error, you need a legal team that takes your case seriously and knows how to get results. Briskman Briskman & Greenberg has been representing injured people throughout the Chicago area, including communities like Evanston, Rogers Park, Andersonville, and the North Shore, for decades. We know the local courts, including the Cook County Circuit Court at the Daley Center in downtown Chicago, and we know how to build a compelling case.
We work on a contingency fee basis. That means you pay nothing upfront and owe us nothing unless we recover compensation for you. There is no risk in calling us to find out where you stand. We also provide a free initial consultation so you can get honest answers before making any decisions.
Our team handles every step of the process. We gather your medical records, consult with qualified medical experts, satisfy the certificate of merit requirement under Illinois law, and prepare your case for settlement negotiations or trial. We are not afraid to take a case to court when that is what it takes to get you justice.
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. These are not just statistics. They represent real people and real families. If you or a loved one was harmed by a medical provider’s negligence near Evanston or anywhere in the Chicago area, you deserve a Chicago personal injury lawyer who will stand up for your rights. Contact Briskman Briskman & Greenberg today. We are ready to listen, evaluate your case, and help you move forward.
Have questions about whether you have a case? Our medical malpractice lawyers can walk you through the key factors that determine whether your situation qualifies as a valid claim under Illinois law. Reach out today for a free, no-obligation consultation.
FAQs About Evanston 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 should have known about your injury to file a claim. There is also a hard cutoff of four years from the date the malpractice occurred. For minors, the deadline is eight years from the date of the act, but no later than the person’s 22nd birthday. These deadlines are strict, so contact an attorney as soon as possible to protect your rights.
Does Illinois limit how much I can recover in a medical malpractice case?
No. Illinois does not cap medical malpractice damages. A previous cap on non-economic damages was struck down as unconstitutional. This means there is no legal limit on what a jury can award you for pain, suffering, emotional distress, and other losses. Your total recovery depends on the specific facts and damages in your case.
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 and your total damages are $500,000, you would recover $400,000. However, if you are found more than 50% at fault, you cannot recover any damages at all. This makes it very important to have a strong legal team presenting your case clearly and accurately.
What is a certificate of merit and do I need one?
Yes. Under 735 ILCS 5/2-622, Illinois requires that a medical malpractice plaintiff’s attorney file an affidavit with the complaint confirming that a qualified health professional has reviewed the case and determined there is a reasonable and meritorious basis for the claim. The reviewing professional must have practiced or taught in the same area of medicine at issue within the last six years. This requirement exists to screen out claims without a legitimate basis. At Briskman Briskman & Greenberg, we handle this process carefully to make sure your case starts on solid legal footing.
Can my family file a wrongful death claim if a loved one died due to medical negligence?
Yes. Under the Illinois Wrongful Death Act (740 ILCS 180), the personal representative of the deceased can bring a lawsuit on behalf of the surviving spouse and next of kin. The family may recover damages for pecuniary losses as well as grief, sorrow, and mental suffering. It is important to know that punitive damages are not available in healing art malpractice wrongful death cases under Illinois law. An attorney can help your family understand what types of compensation are available and how to pursue a claim effectively.
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