Neurology Medical Malpractice in Chicago

Neurology malpractice is one of the most serious categories of medical negligence in Chicago. The brain, spinal cord, and nervous system control everything from movement and speech to memory and breathing. When a neurologist, emergency physician, or specialist makes an error involving those systems, the consequences can be permanent. Paralysis, cognitive loss, and death are real outcomes when neurological care falls short. If you or someone you love suffered harm because of a neurological error in Chicago, you have legal rights worth protecting.

Table of Contents

• What Neurology Medical Malpractice Looks Like in Chicago
• How Illinois Law Defines the Standard of Care in Neurology Cases
• Illinois Filing Deadlines for Neurology Malpractice Claims
• What Damages You Can Recover in a Chicago Neurology Malpractice Case
• How Briskman Briskman & Greenberg Handles Neurology Malpractice Cases in Chicago
• FAQs About Neurology Medical Malpractice in Chicago

What Neurology Medical Malpractice Looks Like in Chicago

Neurology medical malpractice happens when a healthcare provider fails to meet the accepted standard of care in diagnosing or treating conditions of the brain, spinal cord, or nervous system, and that failure causes patient harm. Chicago is home to major medical centers near Millennium Park, the Illinois Medical District on the Near West Side, and teaching hospitals along the lakefront. Despite the concentration of top-tier facilities in this city, neurological errors still occur at an alarming rate.

Research published in the National Center for Biotechnology Information (NCBI) identifies neurological practice as a high-risk area for malpractice claims. The most commonly missed diagnoses in neurology include cerebrovascular disease, intracranial tumors, and spinal pathology. These are not obscure conditions. They are among the most common reasons patients seek neurological care, which makes the frequency of missed diagnoses especially troubling.

Common forms of neurology malpractice in Chicago include failure to diagnose a stroke in time, misreading MRI or CT imaging, failing to recognize a brain tumor, missing signs of a subdural hematoma, and failing to refer a patient to a specialist when symptoms clearly warrant it. Errors in managing epilepsy, multiple sclerosis, or Parkinson’s disease also generate significant malpractice claims. Misdiagnosis contributes to medical malpractice and patient harm, with underlying reasons including inadequate history and physical examination, failure to order and correctly interpret tests, and failure to obtain a consultation.

A Chicago personal injury lawyer at Briskman Briskman & Greenberg can review your neurological care records and help you understand whether what happened to you or your family member may constitute malpractice under Illinois law.

How Illinois Law Defines the Standard of Care in Neurology Cases

In Illinois, a neurology malpractice claim is built on the concept of the “standard of care.” The standard of care refers to what a reasonably competent neurologist, with similar training and experience, would have done under the same circumstances. Falling below that standard, and causing injury as a result, is the foundation of a valid claim.

Illinois requires something specific before you can even file a lawsuit. Under the Healing Art Malpractice statute, 735 ILCS 5/2-622, a plaintiff must attach an affidavit to the complaint stating that a qualified health professional has reviewed the case. That professional must confirm, in a written report, that there is a reasonable and meritorious basis for the claim. The reviewing professional must have practiced or taught in the same area of medicine as the defendant within the last six years.

This requirement exists to filter out claims without medical support, but it also means your legal team must work with a qualified neurologist or related specialist before filing. Skipping this step can get your case dismissed. At Briskman Briskman & Greenberg, we coordinate this process carefully so your case is built on a solid foundation from the start.

The standard of care in neurology is specific. A neurologist evaluating a patient with sudden severe headache, vision changes, or one-sided weakness is expected to consider stroke, aneurysm, or intracranial bleeding in the differential diagnosis. Failing to order an MRI, CT scan, or lumbar puncture when those symptoms are present may fall below the standard. The same applies to a failure to timely refer a patient to a neurology specialist when primary care findings suggest a serious neurological condition.

Illinois Filing Deadlines for Neurology Malpractice Claims

Time is one of the most critical factors in any neurology malpractice case. Illinois law sets strict deadlines, and missing them means losing your right to sue, regardless of how strong your case is.

Under 735 ILCS 5/13-212(a), an Illinois medical malpractice action generally must be brought within two years after the claimant knew, or through reasonable diligence should have known, of the injury or death for which damages are sought. In most cases, the deadline is two years from when the patient knew or reasonably should have known of the injury and its connection to medical care, but there is usually a four-year outside limit from the act or omission.

That four-year limit is called the statute of repose. The Illinois statute of repose imposes an absolute deadline: no medical malpractice action can be brought more than four years after the date on which the alleged act or omission occurred. After four years from the date of the malpractice, claims are barred regardless of when the injury was discovered.

Neurology cases often involve a delay between the negligent act and the patient’s realization that something went wrong. For example, a patient whose stroke was misdiagnosed as a migraine may not connect their resulting disability to the emergency room visit until months later. The discovery rule in Illinois protects those patients, but the four-year repose period still applies as a hard ceiling.

For minors, 735 ILCS 5/13-212(b) allows more time: generally up to eight years after the act or omission, but not after the minor’s 22nd birthday. This matters in cases involving children who suffer neurological harm, such as birth-related brain injuries or pediatric misdiagnosis.

If you believe a neurologist or hospital caused harm to you or a family member, do not wait. Contact Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation. The sooner you act, the better your chances of preserving evidence and meeting the legal deadline.

What Damages You Can Recover in a Chicago Neurology Malpractice Case

Neurological injuries are among the most expensive and life-altering injuries a person can suffer. When a doctor’s negligence causes those injuries, Illinois law allows victims to seek compensation for the full range of harm they have experienced.

Economic damages include past and future medical bills, rehabilitation costs, lost wages, and the cost of long-term care. A patient left with permanent paralysis, cognitive impairment, or seizure disorders may need round-the-clock care for decades. Those costs add up to millions of dollars over a lifetime, and a successful malpractice claim can account for all of it.

Non-economic damages cover pain and suffering, loss of enjoyment of life, emotional distress, and loss of normal function. These are real losses, even though they are harder to assign a dollar amount to. Illinois does not cap non-economic damages in medical malpractice cases, which means juries can award amounts that reflect the true impact of the injury on the patient’s life.

When more than one defendant is responsible, Illinois law under 735 ILCS 5/2-1117 addresses how liability is divided. All defendants found liable are jointly and severally liable for a plaintiff’s past and future medical expenses. For all other damages, a defendant whose share of fault is 25% or more is jointly and severally liable, while a defendant whose fault is less than 25% is only severally liable for those damages. This matters in neurology cases where a hospital, an emergency physician, and a neurologist may all share responsibility for a missed diagnosis.

If a loved one died because of neurological malpractice, the Illinois Wrongful Death Act, 740 ILCS 180/1, allows surviving family members to bring a claim. Under this Act, whenever a death is caused by a wrongful act or neglect that would have entitled the injured person to sue had they survived, the responsible party remains liable for damages. An experienced medical malpractice attorney can help your family understand what a wrongful death claim involves and how to pursue it.

How Briskman Briskman & Greenberg Handles Neurology Malpractice Cases in Chicago

Briskman Briskman & Greenberg handles medical malpractice cases for injured patients and their families throughout Chicago and the surrounding area. Our firm is located at 205 W Randolph St., Suite 925, Chicago, IL 60606, in the heart of the Loop, steps from the Daley Center and the Richard J. Daley Plaza where many Cook County civil cases are filed. We know the local courts, the applicable Illinois statutes, and what it takes to build a neurology malpractice case that holds up.

Every neurology malpractice case we take begins with a thorough review of the medical records. We work with qualified medical professionals to evaluate whether the care provided met the standard required under Illinois law. If it did not, we build a case that connects the specific failure directly to the harm the patient suffered. That connection, known as causation, is one of the most contested issues in any malpractice claim, and it requires careful, evidence-based analysis.

We handle these cases on a contingency fee basis. Under 735 ILCS 5/2-1114, attorney fees in Illinois medical malpractice actions are capped at 33 1/3% of all sums recovered. You pay nothing unless we recover compensation for you. That means you can pursue justice without worrying about upfront legal costs while you are already dealing with medical bills and recovery.

Whether your case involves a neurological misdiagnosis at a Chicago-area hospital, a failure to order appropriate imaging, a delayed stroke treatment, or a missed brain tumor, our team is ready to listen. Call us at (312) 222-0010 or reach out online to schedule your free consultation. We also serve clients in Joliet, where our medical malpractice attorney team handles cases for patients throughout the greater Chicago region. Clients in the northern suburbs can also speak with our medical malpractice lawyer in Gurnee about their neurological injury claims.

FAQs About Neurology Medical Malpractice in Chicago

What is the most common type of neurology malpractice in Chicago?

The most common types involve diagnostic failures. These include missing a stroke, failing to diagnose a brain tumor, misreading MRI or CT imaging, and failing to recognize the signs of a subdural hematoma or intracranial bleed. Research published through the NCBI identifies cerebrovascular disease and intracranial tumors as the most frequently missed diagnoses in neurology malpractice claims. When a doctor in a Chicago emergency room or neurology clinic fails to properly evaluate and act on these conditions, patients can suffer permanent, life-altering harm.

How do I know if my neurologist committed malpractice?

You may have a valid claim if your neurologist failed to diagnose or treat a serious condition in a timely way, and that failure caused you harm. The key question is whether a reasonably competent neurologist would have acted differently under the same circumstances. Signs that something may have gone wrong include a diagnosis that turned out to be wrong, a significant delay in identifying your condition, failure to order necessary tests, or failure to refer you to a specialist when your symptoms warranted it. A review of your medical records by a qualified professional is the first step toward understanding whether malpractice occurred.

How long do I have to file a neurology malpractice claim in Illinois?

Under 735 ILCS 5/13-212(a), you generally have two years from the date you knew or reasonably should have known that your injury was connected to negligent medical care. Illinois also imposes a four-year statute of repose, which means no claim can be filed more than four years after the negligent act, even if you discovered the harm later. There are limited exceptions, such as for minors and cases involving fraudulent concealment. Because these deadlines are strict and fact-specific, it is important to speak with an attorney as soon as possible after you suspect malpractice.

Can I sue a hospital in Chicago for neurology malpractice?

Yes. Hospitals can be held liable for neurology malpractice in several ways. If a hospital employs the negligent neurologist or emergency physician, the hospital may be directly responsible. Even when doctors are independent contractors, hospitals can face liability if they granted privileges to an incompetent physician or if nursing staff failed to escalate a patient’s neurological deterioration to the attending physician. Under 735 ILCS 5/2-1117, all defendants found liable share responsibility for medical expenses, and those with 25% or more of the total fault can be held jointly and severally liable for all other damages.

Does it cost anything to speak with Briskman Briskman & Greenberg about a neurology malpractice case?

No. Briskman Briskman & Greenberg offers free consultations for neurology malpractice cases. The firm handles medical malpractice claims on a contingency fee basis, meaning you pay no attorney fees unless compensation is recovered on your behalf. Under 735 ILCS 5/2-1114, Illinois caps contingency fees in medical malpractice cases at 33 1/3% of the total amount recovered. You should be aware that even on a contingency arrangement, clients may still be responsible for certain case costs and expenses. Your attorney will explain all fee arrangements clearly before you make any decisions. To get started, call (312) 222-0010 or contact the firm online.

More Resources About Neurology Malpractice in Chicago

• Failure to Diagnose Brain Hemorrhage Medical Malpractice in Chicago
• Failure to Diagnose Brain Tumor Medical Malpractice in Chicago
• Delayed Treatment of Stroke Medical Malpractice in Chicago
• Spinal Cord Compression Medical Malpractice in Chicago
• Failure to Diagnose Cauda Equina Syndrome Medical Malpractice in Chicago
• Failure to Diagnose Subdural Hematoma Medical Malpractice in Chicago