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Surgical Mesh Implant Errors Medical Malpractice in Chicago
Surgical mesh is used in hundreds of thousands of procedures every year across the United States, from hernia repairs to pelvic floor surgeries. When it works as intended, mesh reinforces weakened tissue and helps patients recover. But when a surgeon implants mesh incorrectly, uses a defective product without proper evaluation, or fails to monitor a patient for known complications, the results can be devastating. Patients in Chicago and across Illinois have the right to hold negligent medical providers accountable under state law. If you or someone you love has suffered serious harm from a surgical mesh implant error, a Chicago personal injury lawyer at Briskman Briskman & Greenberg can help you understand your options.
Table of Contents
- What Counts as a Surgical Mesh Implant Error Under Illinois Law
- How Illinois Law Requires You to File a Surgical Mesh Malpractice Claim
- The Physical Harm Surgical Mesh Errors Cause Chicago Patients
- Who Can Be Held Liable for a Surgical Mesh Implant Error in Chicago
- What Compensation Is Available to Surgical Mesh Malpractice Victims in Illinois
- FAQs About Surgical Mesh Implant Errors Medical Malpractice in Chicago
What Counts as a Surgical Mesh Implant Error Under Illinois Law
A surgical mesh implant error is a specific type of medical malpractice. It occurs when a doctor, surgeon, or hospital fails to meet the accepted standard of care in placing, monitoring, or removing a surgical mesh device, and that failure causes harm to the patient.
Not every mesh complication is malpractice. Surgery carries inherent risks, and complications can arise even when everyone does their job correctly. The key legal question is whether the medical provider acted as a reasonably competent professional would have acted under the same circumstances.
Common errors that can rise to the level of malpractice include: placing the mesh in the wrong anatomical location, using a product that was recalled or flagged as unsafe, failing to warn the patient about known mesh risks before surgery, failing to recognize early signs of mesh erosion or infection after the procedure, and delaying the removal of a failing implant when symptoms clearly required action.
The U.S. Food and Drug Administration (FDA) has issued multiple safety communications about surgical mesh, including warnings about serious complications associated with transvaginal mesh placement. The FDA conducted a comprehensive review of adverse event reports related to hernia mesh submitted over more than two decades, and that search produced over 55,000 adverse event reports. When a surgeon proceeds with a mesh implant procedure while ignoring known FDA warnings or fails to counsel a patient about those risks, that can form the basis of a malpractice claim in Illinois.
Under the medical malpractice lawyer framework established by Illinois law, your attorney will work with a qualified medical expert to evaluate whether the standard of care was breached. Illinois courts require that evaluation before a case can even be filed.
How Illinois Law Requires You to File a Surgical Mesh Malpractice Claim
Illinois has specific procedural rules that apply to every medical malpractice case, including those involving surgical mesh errors. Understanding these rules before you file is critical, because missing a deadline or skipping a required step can end your case before it starts.
Under 735 ILCS 5/2-622, the Healing Art Malpractice statute, a plaintiff filing a medical malpractice lawsuit in Illinois must attach an affidavit to the complaint. That affidavit must state that the attorney or plaintiff has consulted with a qualified health professional who reviewed the facts of the case, reviewed the medical records, and determined that there is a reasonable and meritorious cause for filing. The reviewing professional must practice or have practiced within the last six years in the same area of medicine at issue in the case. This requirement exists to filter out frivolous claims and to ensure that every case filed has legitimate medical support behind it.
The statute of limitations for medical malpractice in Illinois is generally two years from the date the patient knew or reasonably should have known about the injury. However, there is an outside limit of four years from the date the act of malpractice occurred, regardless of when it was discovered. For cases involving minors, different rules apply. Because mesh complications sometimes develop slowly over months or years, the exact date your claim accrues can be a contested legal issue.
Illinois also caps attorney contingency fees in medical malpractice cases. Under 735 ILCS 5/2-1114, the total contingent fee for a plaintiff’s attorney in a medical malpractice action cannot exceed 33 and one-third percent of all sums recovered. This protects clients from excessive fee arrangements while still allowing attorneys to take cases on a contingency basis, meaning you pay nothing unless your case is successful.
If you believe you have a claim, speaking with a medical malpractice attorney as soon as possible protects your rights and gives your legal team time to secure the medical records and expert review the law requires.
The Physical Harm Surgical Mesh Errors Cause Chicago Patients
The injuries that result from surgical mesh implant errors are not minor inconveniences. They are serious, often permanent, and can require multiple additional surgeries to address. Patients who come to Briskman Briskman & Greenberg after mesh complications have often endured months or years of unexplained pain before a connection was made to the original implant procedure.
Complications that have been documented in medical literature include hernia recurrence, reoperation for mesh-related complications, surgical site infections, mesh infections, chronic pain, bowel adhesions, bowel obstruction, bowel fistula, hematoma, seroma, and wound dehiscence. These are not rare edge cases. They are recognized complications that surgeons are trained to watch for and prevent through proper technique and monitoring.
Erosion of mesh through the vagina is the most commonly reported mesh-specific complication from pelvic organ prolapse surgeries performed with mesh. Many of these complications require additional medical intervention and sometimes require surgical treatment, hospitalization, or both.
When mesh migrates within the body, it can perforate organs or press against nerves, causing chronic pain that does not respond to standard treatment. Infections that develop around a mesh implant can spread rapidly, and in the most serious cases, they can lead to sepsis, a life-threatening condition where the body’s response to infection begins to damage its own organs.
Patients recovering from mesh complications at Chicago-area hospitals, including facilities along the North Side near Lincoln Park or in the Medical District near the Illinois Medical Center campus, often face extended recovery times, lost wages, and ongoing medical costs that were never part of the original surgical plan. Those losses are recoverable through a properly filed malpractice claim.
A qualified medical malpractice lawyer can help connect your documented injuries to the specific errors made during or after your mesh implant procedure.
Who Can Be Held Liable for a Surgical Mesh Implant Error in Chicago
Liability in a surgical mesh malpractice case does not always fall on a single party. Depending on the facts, multiple defendants may share responsibility for what happened to you.
The operating surgeon is often the primary defendant. A surgeon who places mesh in the wrong location, uses improper technique, or fails to follow the manufacturer’s instructions for use may be liable for the resulting harm. Surgeons also have an obligation to obtain informed consent, which means explaining the risks of mesh use in plain language before the patient agrees to the procedure. The use of surgical mesh for stress urinary incontinence can make any future surgical repairs more challenging and put the patient at risk for additional complications and surgeries, and patients must understand these postoperative risks before consenting. A failure to provide that information can itself constitute malpractice.
The hospital or surgical facility may also bear responsibility. Hospitals have independent duties to maintain safe surgical environments, credential their surgeons properly, and ensure that recalled or flagged devices are not used on patients. When a hospital’s systems fail and a patient is harmed, the institution can be held liable alongside the individual provider.
Under 735 ILCS 5/2-1117, the Illinois Joint Liability statute, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. Any defendant whose share of fault is 25 percent or greater is also jointly and severally liable for all other damages. This means that if one defendant cannot pay their share, another defendant who meets the 25 percent threshold may be required to cover the full amount of non-medical damages as well.
In some cases, the mesh manufacturer may also be a defendant in a separate product liability claim if the device itself was defective. A medical malpractice attorney can evaluate whether the facts of your case support claims against the surgeon, the hospital, the manufacturer, or some combination of all three.
What Compensation Is Available to Surgical Mesh Malpractice Victims in Illinois
Illinois law allows victims of surgical mesh malpractice to pursue compensation for the full range of losses the negligence caused. Those losses fall into two broad categories: economic damages and non-economic damages.
Economic damages are the financial losses you can document. They include all past and future medical expenses related to the mesh complication, including corrective surgeries, hospitalization, physical therapy, and ongoing treatment. They also include lost wages if the injury prevented you from working, and reduced earning capacity if your ability to work going forward has been permanently affected.
Non-economic damages cover the human cost of the injury. Pain and suffering, emotional distress, loss of enjoyment of life, and the impact on personal relationships are all compensable under Illinois law. Illinois does not impose a cap on non-economic damages in medical malpractice cases. The Illinois Supreme Court struck down a prior statutory cap on non-economic damages as unconstitutional, so there is no arbitrary ceiling on what a jury can award for your pain and suffering.
In cases where a loved one died because of a surgical mesh error, the family may have a wrongful death claim under the Illinois Wrongful Death Act, as well as a survival action for the damages the deceased person experienced before death.
Every case is different, and the value of your claim depends on the specific facts, the severity of your injuries, and the strength of the evidence. Briskman Briskman & Greenberg handles medical malpractice cases on a contingency fee basis, consistent with 735 ILCS 5/2-1114. You pay no attorney fees unless compensation is recovered. To discuss your situation, call (312) 222-0010 for a free consultation. Our office is located at 205 W Randolph St., Suite 925, Chicago, IL 60606, just steps from Daley Plaza and the Richard J. Daley Center, where many Cook County civil cases are filed.
If you are ready to explore your legal options with a medical malpractice lawyer who handles serious injury cases throughout Illinois, Briskman Briskman & Greenberg is here to help.
FAQs About Surgical Mesh Implant Errors Medical Malpractice in Chicago
How do I know if my mesh complication is the result of malpractice or just a known surgical risk?
The difference comes down to whether your medical provider met the accepted standard of care. Every surgery carries some risk, and not every complication is malpractice. But if your surgeon placed the mesh incorrectly, ignored FDA warnings, failed to warn you about known risks, or delayed treatment when signs of failure appeared, that conduct may fall below the standard a reasonably competent surgeon would meet. An attorney working with a qualified medical expert can review your records and give you an honest assessment of whether negligence was involved.
How long do I have to file a surgical mesh malpractice lawsuit in Illinois?
In most cases, Illinois law gives you two years from the date you knew or reasonably should have known about the injury to file a medical malpractice lawsuit. There is also a four-year outer limit from the date the act of malpractice occurred, regardless of when you discovered the problem. Because mesh complications can develop slowly and may not be connected to the original surgery right away, the starting point of your deadline can be a complex legal question. Do not wait to consult an attorney, because the time limit is strict and missing it can permanently bar your claim.
Can I sue both the surgeon and the hospital for a surgical mesh error?
Yes. Depending on the facts of your case, both the surgeon and the hospital or surgical facility may be liable. Surgeons can be held responsible for their own errors in technique, placement, or informed consent. Hospitals can be held liable for credentialing failures, the use of recalled devices, or failures in their institutional systems. Under 735 ILCS 5/2-1117, multiple defendants who are found liable share responsibility for your medical expenses, and those whose fault reaches 25 percent or more may be jointly and severally liable for all other damages as well.
What is the certificate of merit requirement in Illinois malpractice cases?
Under 735 ILCS 5/2-622, any plaintiff filing a medical malpractice lawsuit in Illinois must attach an affidavit to the complaint stating that a qualified health professional reviewed the case, examined the medical records, and concluded there is a reasonable and meritorious basis for the claim. The reviewing professional must practice or have practiced within the last six years in the same area of medicine involved in the case. This requirement applies to surgical mesh malpractice claims just as it does to any other medical malpractice action. An experienced attorney will handle this process as part of building your case.
Does Illinois cap the amount I can recover for pain and suffering in a malpractice case?
No. Illinois does not currently cap non-economic damages in medical malpractice cases. The Illinois Supreme Court previously struck down a statutory cap on non-economic damages as unconstitutional, which means there is no arbitrary limit on what a jury can award for your pain, suffering, emotional distress, or loss of enjoyment of life. Economic damages, including medical expenses and lost wages, are also fully recoverable. The total value of your claim depends on the specific facts and evidence in your case, and no attorney can guarantee a particular outcome.
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