1. Salvi, Schostok & Pritchard P.C.
Focus Area: Surgical errors, delayed diagnosis, birth injuries, hospital malpractice
Practice Areas: Medical malpractice, surgical errors, birth injuries, misdiagnosis, medication errors, emergency room negligence, nursing home negligence, wrongful death
Background: The firm has over 40 years of experience representing victims of medical malpractice throughout Chicago and Illinois. They have obtained more than $3 billion in verdicts and settlements on behalf of injury clients. The firm works with veteran investigators and qualified medical experts including doctors, nurses, and other medical professionals to establish liability and damages. They are prepared to present meticulously prepared cases to juries when settlements cannot be reached.
Location: 100 N. LaSalle Street, Suite 2100, Chicago, IL 60602
Contact: (312) 372-1227 | https://www.salvilaw.com
Consultation: Free and confidential case review available
2. Levin & Perconti
Focus Area: Birth injuries, cerebral palsy, nursing home abuse, diagnostic errors
Practice Areas: Medical malpractice, birth injuries, cerebral palsy, brain injuries, nursing home abuse, surgical errors, medication errors, wrongful death
Background: Since 1992, the firm has recovered more than $1 billion in verdicts and settlements for clients, including record results. Attorneys Steve Levin and John Perconti have been honored by fellow lawyers as among the accomplished personal injury attorneys in Illinois. Attorneys Mike Bonamarte and Margaret Battersby-Black are on national injury lawyer lists including Illinois Top 100, SuperLawyers, and Best Lawyers in America. The firm handles lawsuits for clients throughout Illinois and the United States.
Location: 180 N. LaSalle Street, Suite 3700, Chicago, IL 60601
Contact: (312) 332-2872 | https://www.levinperconti.com
Consultation: Free 24/7 case evaluation; no fees unless recovery is obtained
3. Clifford Law Offices
Focus Area: Surgical errors, hospital negligence, cancer misdiagnosis, birth trauma
Practice Areas: Medical malpractice, surgical errors, birth injuries, cancer misdiagnosis, hospital negligence, emergency room errors, nursing home abuse, wrongful death
Background: Clifford Law Offices is a medical malpractice law firm in Chicago with significant experience handling medical malpractice claims. The firm has recovered hundreds of millions of dollars on behalf of injured patients. In 2023, their attorneys obtained nearly $100 million in reported medical malpractice cases involving complex healthcare issues. They represent patients who have suffered permanent injury, lifetime medical expenses, or death due to healthcare professional negligence.
Location: 120 N. LaSalle Street, Suite 2000, Chicago, IL 60602
Contact: (312) 899-9090 | https://www.cliffordlaw.com
Consultation: Free consultation available
4. Wais, Vogelstein, Forman, Koch & Norman, LLC
Focus Area: Birth injuries, surgical errors, medication errors, diagnostic errors
Practice Areas: Medical malpractice, birth injuries, surgical errors, diagnosis errors, medication errors, lab errors, hospital negligence, wrongful death
Background: The firm’s mission is to improve the quality of care at Chicago hospitals and clinics by holding institutions responsible for their mistakes. In the past ten years, they have achieved over half a billion dollars in settlements and verdicts for medical malpractice victims, including obtaining the largest birth injury and medical malpractice verdict ever recorded in the history of the United States. Their 19-member legal team maintains a small-firm atmosphere focused on personalized client care.
Location: 30 N. LaSalle Street, Suite 3000, Chicago, IL 60602
Contact: (312) 422-1111 | https://www.chicagomalpracticeteam.com
Consultation: Free consultation available
5. Cirignani, Heller & Harman, LLP
Focus Area: Birth injuries, cerebral palsy, surgical injuries, wrongful death
Practice Areas: Medical malpractice, birth injuries, cerebral palsy, brain injuries, surgical errors, hospital negligence, nursing home abuse, wrongful death
Background: The firm features a team of attorneys and board-certified physicians who build cases and help rebuild lives. They have brought clients millions in settlements. Their team includes expert trial attorneys, negotiators, investigators, and board-certified physicians with over 100 years of combined medical malpractice experience in the Illinois and Chicagoland area. They serve clients in DuPage County, Kane County, Lake County, McHenry County, Will County, and Winnebago County in addition to Cook County.
Location: 200 W. Monroe Street, Suite 1600, Chicago, IL 60606
Contact: (312) 346-8700 | https://www.chhlaw.com
Consultation: Free consultation to determine if you have a medical malpractice case
Medical Malpractice Laws in Illinois
Statute of Limitations: Under 735 ILCS 5/13-212, Illinois medical malpractice lawsuits must be filed within two years from the date the patient knew, or through the use of reasonable diligence should have known, about the injury caused by the medical professional’s negligence. The statute begins to run when the patient discovers or reasonably should have discovered the injury and its connection to medical malpractice.
Statute of Repose: Illinois imposes a four-year statute of repose on medical malpractice claims. Regardless of when the injury is discovered, no lawsuit can be filed more than four years after the date the malpractice occurred. This absolute deadline applies even if the patient had no way of knowing about the malpractice during that period.
Minors Exception: For minors injured by medical malpractice, the statute of limitations is extended. Claims must be filed within eight years of the date the malpractice occurred, but in no event can a case be brought after the injured person’s twenty-second birthday. This gives minor patients additional time since they cannot make decisions about filing lawsuits themselves.
Affidavit of Merit Requirement: Under 735 ILCS section 5/2-622, patients filing medical malpractice claims must include an affidavit of merit with their complaint. This affidavit, signed by a medical professional, must state that a qualified expert has reviewed the case and determined there is a “reasonable and meritorious case” for bringing the lawsuit. Failure to file a compliant affidavit can result in dismissal of the case.
Damage Caps: Illinois does not have a cap on damages in medical malpractice claims. The Illinois Supreme Court declared damage caps unconstitutional in LeBron v. Gottlieb Memorial Hospital (2010), marking the third time the state’s highest court struck down such limitations. Plaintiffs can recover full economic damages (medical expenses, lost wages, future care costs) and noneconomic damages (pain and suffering, emotional distress) without legislative limits.
Comparative Negligence: Illinois follows a modified comparative negligence rule. If a plaintiff is found partially at fault for their injuries, their damages are reduced by their percentage of fault. However, if the plaintiff is found to be more than 50% at fault, they are barred from recovering any damages.
Vicarious Liability: Healthcare institutions in Illinois can be held vicariously liable for the negligent actions of their employees. This means that hospitals, clinics, and other medical facilities may be responsible for malpractice committed by doctors, nurses, and staff acting within the scope of their employment.
Discovery Rule: Illinois recognizes the discovery rule, which tolls the statute of limitations until the patient discovers or reasonably should have discovered both the injury and its connection to medical negligence. This protects patients whose injuries are not immediately apparent.
Death of Party: If a plaintiff dies before the statute of limitations expires, a representative may file an action before the statute would have expired or within one year of the date of death, whichever is later. If a defendant dies, an action may be brought against the decedent’s personal representative for up to six months after the date of death.
Frequently Asked Questions
What is the affidavit of merit requirement and how does it affect my Chicago medical malpractice case?
Illinois law requires that all medical malpractice complaints be accompanied by an affidavit of merit from a medical professional who has reviewed your case. This expert must confirm that there is a reasonable and meritorious basis for bringing the lawsuit. If the statute of limitations deadline is approaching and you cannot obtain the required consultation in time, your attorney may file an affidavit stating this, and then has 90 days after filing to submit a compliant affidavit with the expert report. Failure to comply with this requirement can result in your case being dismissed. This requirement exists to deter frivolous lawsuits against healthcare providers.
Since Illinois has no damage caps, what can I recover in a medical malpractice lawsuit?
Because the Illinois Supreme Court struck down damage caps as unconstitutional, there are no legislative limits on what you can recover in a successful medical malpractice case. You may receive compensation for economic damages including past and future medical expenses, lost income, diminished earning capacity, and costs of ongoing care. Noneconomic damages may include compensation for pain and suffering, emotional distress, loss of enjoyment of life, disability, and disfigurement. Without caps, juries in Cook County and throughout Illinois can award amounts that fully reflect the harm caused by medical negligence.
What happens if I discover medical malpractice more than four years after the treatment in Illinois?
Illinois’s four-year statute of repose creates an absolute deadline for filing medical malpractice lawsuits. Even if you could not reasonably have discovered the malpractice within those four years, your claim will likely be barred. However, limited exceptions may apply. If the healthcare provider fraudulently concealed the malpractice, the deadline may be extended. For minors, the eight-year statute of limitations applies, potentially extending beyond the standard four-year repose period. Given these strict deadlines, seeking legal consultation immediately when you suspect malpractice occurred is critical.
Can I sue a Chicago hospital for the actions of a doctor who is not a hospital employee?
This depends on several factors. Illinois recognizes vicarious liability, meaning hospitals can be responsible for the negligent acts of their employees. For independent contractor physicians who are not hospital employees, the hospital may still be liable under the doctrine of apparent agency if you reasonably believed the doctor was a hospital employee based on the hospital’s conduct. Additionally, hospitals may be directly liable for negligence in credentialing, supervising, or granting privileges to physicians. An experienced medical malpractice attorney can analyze the relationships involved in your case to determine all potentially liable parties.
How long do medical malpractice cases typically take to resolve in Chicago?
The timeline varies significantly based on the complexity of the case. Simple cases may resolve within one to two years, while complex cases involving multiple defendants, extensive injuries, or disputed liability may take three to five years or longer. The process includes filing the complaint with the required affidavit of merit, discovery (exchanging evidence and taking depositions), expert witness testimony, and potential settlement negotiations. If settlement cannot be reached, the case proceeds to trial. Illinois courts in Cook County handle substantial medical malpractice caseloads, which can affect scheduling. Your attorney can provide a more specific timeline based on your case’s circumstances.