Chicago Medical Malpractice Attorney
When a doctor, nurse, or hospital fails to meet the standard of care required under Illinois law, the harm that follows can be life-altering. Shapiro, Cohen & Basinger, Trial Lawyers is a medical malpractice attorney firm serving Chicago, IL, and the surrounding Cook County area, fighting for injured patients and their families since 1978. If you or someone you love was harmed by a healthcare provider's negligence, call (312) 263-3443 for a free consultation today.
What Qualifies as Medical Malpractice in Illinois?
Medical malpractice occurs when a licensed healthcare provider fails to meet the accepted standard of care, causing injury or death to a patient. Proving malpractice requires showing that a provider breached the duty of care owed to the patient and that the breach directly caused measurable harm. Not every poor outcome is malpractice, but when negligence drives the result, you may have a valid claim.
Common types of medical errors our Chicago attorneys handle include:
- Surgical errors, including wrong-site procedures and post-operative negligence.
- Misdiagnosis or delayed diagnosis of serious conditions such as cancer or stroke.
- Birth injuries, including brain damage, cerebral palsy, brachial plexus injury, and labor and delivery failures.
- Emergency room failures and misread radiological imaging.
- Medication errors and wrongful prescription of harmful drugs.
- Nursing negligence resulting in permanent harm.
Illinois requires a plaintiff to file a certificate of merit from a qualified medical professional confirming the claim has a reasonable basis, which is why experienced legal counsel matters from day one.
How Long Do You Have to Sue a Doctor in Chicago?
Illinois generally allows two years from the date you knew, or reasonably should have known, about the injury and its connection to medical care under 735 ILCS 5/13-212. An outer statute of repose also applies: in most adult cases, no claim may be filed more than four years after the negligent act, regardless of discovery. For minors, the law allows up to eight years from the act of malpractice, but not beyond the minor's 22nd birthday. Missing these deadlines can permanently bar your right to recovery.
Illinois Damage Caps
Illinois does not currently cap damages in medical malpractice cases. The Illinois Supreme Court struck down a prior cap as unconstitutional, meaning there is no statutory ceiling on what a jury may award. Recoverable damages may include medical expenses, lost income, pain and suffering, and loss of consortium.
Our Investigation Process
Shapiro, Cohen & Basinger approaches every medical malpractice case with thorough investigation and preparation. Our process typically follows these steps:
- Review all relevant medical records, imaging, and treatment notes to identify where care deviated from accepted standards.
- Consult qualified medical experts to establish the standard of care and confirm a breach occurred.
- Document damages thoroughly, including current and future medical costs, lost earning capacity, and non-economic losses.
- File the required Illinois certificate of merit and initiate the claim within the applicable deadline.
- Negotiate aggressively with insurers and take the case to trial if a fair resolution cannot be reached.
Record Results for Chicago Medical Malpractice Victims
Shapiro, Cohen & Basinger has obtained record-breaking verdicts and settlements for victims of medical negligence throughout Illinois. Notable results include a $21 million settlement for a child who sustained a brain injury at birth and a $2.5 million verdict for the family of a woman who died following negligent spine surgery. Donald A. Shapiro received the Trial Excellence Award for winning the largest medical malpractice verdict in Kane County history at $24,775,000. The American Institute for Personal Injury Attorneys named the firm one of the Ten Best Law Firms in Illinois, and Mr. Shapiro has been recognized as an Illinois Super Lawyer in medical malpractice for over a decade. Results vary by case, and past outcomes do not guarantee a future result.
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Frequently Asked Questions
What Is the Statute of Limitations for Medical Malpractice in Illinois?
In most cases, you have two years from discovery of the injury to file a lawsuit, with an absolute four-year statute of repose from the act of malpractice. Special rules may apply for minors and cases involving fraudulent concealment.
Does Illinois Cap Medical Malpractice Damages?
Illinois does not cap medical malpractice damages. The state Supreme Court ruled a prior cap unconstitutional, so juries may award the full amount of economic and non-economic losses a plaintiff can prove.
How Much Does a Chicago Medical Malpractice Attorney Cost?
Our firm handles medical malpractice cases on a contingency fee basis. You pay no attorney's fees unless we recover compensation for you, and there are no upfront costs to get started.
How Do I Know if I Have a Medical Malpractice Case?
You may have a case if a healthcare provider deviated from the accepted standard of care and that deviation directly caused you harm. The best way to find out is to speak with an experienced Chicago medical malpractice attorney who can review your records and consult with medical experts.
Can I Sue a Hospital, Not Just a Doctor?
Yes. Illinois law allows patients to pursue claims against hospitals, clinics, and other medical institutions when institutional negligence contributed to the harm. Chicago hospital malpractice cases are handled as a distinct practice area, and we have experience pursuing claims against large medical systems throughout the city.
Contact a Chicago Medical Malpractice Attorney Today
If you believe negligent medical care caused harm to you or a loved one, time is critical. Illinois law imposes strict filing deadlines, and evidence is best preserved when action is taken quickly. Shapiro, Cohen & Basinger has spent more than four decades standing up for Chicago-area patients against powerful hospitals and insurers. Call
(312) 263-3443 or contact us online to schedule your free consultation. You can also learn more about related claims such as
birth injuries and
wrongful death on our site. There is no fee unless we win.
