Chicago · Medical malpractice
Chicago surgical error lawyers. What happened is written down.
An operation leaves a record: the consent form, the operative report, the nurses’ notes and counts, and the recovery notes. What was done, and when a problem was noticed, can be traced through them. Illinois limits the time you have to bring a claim.
Illinois malpractice law, in four numbers
- 2 years
from when you knew, or should have known, of the injury
735 ILCS 5/13-212(a) (opens in a new tab) - 4 years
the outer limit from the date of care, in most adult cases
735 ILCS 5/13-212(a) (opens in a new tab) - 10 years
the least time a hospital licensed by Illinois must preserve its medical records
210 ILCS 85/6.17 (opens in a new tab) - 1 report
from a reviewing health professional is required for each defendant named in the suit
735 ILCS 5/2-622 (opens in a new tab)
Surgical errors we investigate
- 01
Wrong-site surgery
Surgery on the wrong body part or patient, or the wrong operation.
Explore wrong-site surgery - 02
Retained surgical items
A sponge, instrument or fragment left inside the body after surgery.
Explore retained surgical items - 03
Organ, vessel and nerve injuries
A bile duct, bowel, ureter, blood vessel or nerve injured during an operation.
Explore organ, vessel and nerve injuries - 04
Complications recognized too late
Bleeding, infection, a leak or a clot after surgery that was not noticed or acted on in time.
Explore complications recognized too late - 05
Surgery without consent
Surgery you did not agree to, or agreed to on too little information.
Explore surgery without consent
What to do this week
- Step 1
Ask for the whole chart
Request the complete record in writing, including the operative report, the nursing notes from the operating room and the recovery notes, not just the discharge summary.
- Step 2
Write the timeline down
What you were told before the operation, what you signed, what happened afterward, and when you first learned that something had gone wrong.
- Step 3
Talk to us before you sign anything
Don’t give a recorded statement to the hospital’s insurer or sign a release before a lawyer has read it.
The trial team
Total recovered across all matters
Firm-wide total across all matters. Past results do not guarantee a future outcome.
Adam J. Zayed
Founder & Managing Trial Attorney
Julian D. Hoshell
Partner
Jeremy D. Lee
Partner
Andrew D. Miller
Partner
Michael N. Folga
Partner
Jeff Tabares
Partner
Christine “Chris” Kim
Partner
Shaun R. Bushing
Partner
Sean Imran
Associate Attorney
Frequently Asked Questions
The short answer
How do you know whether a surgical complication was malpractice?
Not from the outcome alone. Illinois law asks whether the surgical team did what ordinarily careful professionals would have done, and that generally has to be shown through expert testimony (opens in a new tab). The starting point is the record of the operation, which Illinois hospital rules require to include an operative report describing techniques and findings (opens in a new tab). A health professional must then review the records and report in writing that the case has merit (opens in a new tab).
How long do I have to bring a surgical error claim in Illinois?
Illinois generally allows 2 years from when you knew, or reasonably should have known, of the injury, and no more than 4 years from the care itself (opens in a new tab). The 4 years run from the act or omission, and the Illinois Supreme Court has said that limit can bar a claim before the patient discovers the injury (opens in a new tab). Children have a different limit (opens in a new tab), and claims against state or federal hospitals follow their own rules.
Is every surgical complication malpractice?
No. The Illinois Supreme Court has said that surgeons are not liable merely for unusual, unfortunate results (opens in a new tab). A claim exists only where a provider fell below the standard of care and that failure caused the harm. Finding out which it was is what the review of the record is for.
How do I get the records of my operation?
Ask the hospital in writing for the complete chart, including the operative report and the nursing notes from the operating room. Illinois gives a patient the right to examine and copy their own hospital records (opens in a new tab), and the hospital generally has 30 days to respond. A surgeon’s own office may hold records that have to be requested separately.
Can the hospital be responsible for a surgeon it does not employ?
It can be. The Illinois Supreme Court has held that a hospital may be liable for a physician who is an independent contractor unless the patient knew, or should have known, of that arrangement (opens in a new tab). The patient has to show that the hospital presented the doctor as its own, and that the patient looked to the hospital for the care.
What does it cost to talk to a lawyer?
Nothing. The case evaluation is free, and there is no fee unless we win.