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Malpractice Lawyers in Chicago, IL

Malpractice Lawyers in Chicago, Illinois. If you were harmed because a healthcare professional did not give you the care you deserve, call the Chicago-based Illinois malpractice lawyers of Burger Law immediately at 312-500-HURT.

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We trust doctors, nurses and hospitals to inform us, treat us with the utmost care and do their best to help us heal. In some cases, we trust them with our lives or the life of a loved one. When they break that trust and cause you injury, you need Burger Law's Chicago and Illinois malpractice lawyers to hold them accountable, deliver justice and secure you a full financial recovery for all ways in which your injury has caused you pain. Depending on why you sought medical treatment in the first place, you may already have been worried about the financial impact of potential treatment costs and missing time off work. When those issues are exacerbated by the very people who were supposed to help you, it can be especially infuriating and bewildering. In the most tragic cases, medical negligence can even lead to wrongful death. You might not know who to turn to for help with your injuries or how to pursue compensation. The last time you trusted a person with a suit and a nice office, you got burned. You can trust in the Illinois malpractice lawyers of Burger Law. Our clients in Chicago and throughout Illinois matter to us and so do their cases. You will not see us on I-90 or I-294 Chicago billboards or on Illinois cable TV, you will only see Burger Law's Chicago malpractice lawyers in the office or in the courtroom demanding maximum compensation for our clients.

For almost 30 years Burger Law's malpractice lawyers in Chicago have been defending the rights of the injured and vulnerable throughout Illinois. To date, we have secured over $170 million in verdicts and settlements for our clients. We take on the hard cases and fight on your behalf against bullies who try to avoid responsibility and devalue your claims. When you hire our Illinois law firm in Chicago, a malpractice lawyer in Chicago will start working on your case right away and we will not let up until you pick up your settlement check. You do not need to go through this process alone, and there is no reason to wait. Call Burger Law's Illinois malpractice lawyers in Chicago now at 312-500-HURT or fill out our online form for a complimentary consultation.

If you were injured because of a doctor or other healthcare professional's negligence, use our free personal injury calculator to see how much your claim may be worth.

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“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

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How Common is Medical Malpractice?

Holding Negligent doctors accountable

How Common Is Medical Malpractice in Illinois?

In Illinois, between 2009 and 2018 almost $2.3 billion was paid out in medical malpractice cases.

A 2016 John Hopkins University study suggested that medical errors kill an estimated 250,000 people a year. In 2020, that would make medical errors the fourth leading cause of death after heart disease, cancer and COVID-19, according to statistics from the Centers for Disease Control and Prevention.

While not every medical error amounts to medical malpractice, it is still frightening to consider the damage that can be caused in our Illinois hospitals, doctor's offices and nursing homes. The Chicago malpractice lawyers of Burger Law have seen every type of medical malpractice claim. We work with our network of Chicago and Illinois medical experts to determine the exact cause of your injuries, the parties that are liable for them and precisely how much compensation you are owed. Talking to our Chicago malpractice lawyers is free, so if you believe a doctor or other healthcare professional's negligence caused you harm in Illinois, call us today at 312-500-HURT.

Below are some of the great results our Chicago malpractice lawyers have helped our Illinois clients recover:

What Is the Medical Standard of Care in Malpractice Cases?

What Is the Medical Standard of Care in Chicago, Illinois Malpractice Cases?

The key concept in malpractice cases is what is called standard of care. Negative outcomes happen in the medical world, especially to the elderly or people who are already sick. A doctor or nurse can also make a decision that later turns out to be a mistake, but that does not necessarily amount to negligence. The experienced and knowledgeable Chicago malpractice lawyers at Burger Law will help you discern whether you have an Illinois medical malpractice claim.

The "standard of care" refers to how most Chicago and Illinois doctors - or a reasonable doctor - would diagnose and treat a particular condition in a particular location. Doctors owe you a duty of care when you are under their care and a doctor-patient relationship has been established. They must offer you the same degree of skill, care and diligence that would be expected of a competent doctor under the same circumstances in Chicago and Illinois. For example, say you exhibit certain symptoms that would normally cause a competent doctor to test for a certain infection. If your doctor did not, and you suffered harm as a result, you may have a malpractice claim. Your Chicago malpractice lawyers at Burger Law will help you determine if you have a medical malpractice case.

The standard of care is specific to each community, so the standard of care in Chicago may differ from that in Kadoka, South Dakota. That is why it is important to hire malpractice lawyers well-versed in local Chicago and Illinois law and practices. Burger Law's malpractice lawyers in Chicago have over 20 years of experience fighting medical malpractice cases and winning maximum compensation for our clients in Chicago and throughout Illinois.

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What Are Common Types of Medical Malpractice?

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What Are Common Types of Medical Malpractice in Chicago, IL?

Burger Law's Illinois malpractice lawyers in Chicago have seen every type of medical malpractice case you can imagine. While all malpractice claims share a breach of the standard of care, each case is unique and the circumstances surrounding malpractice injuries are different. However, there are several common types of negligence our malpractice lawyers see in Chicago and Illinois.

Missed, Delayed or Incorrect Diagnosis

When your condition is not properly diagnosed, it prevents you from receiving the treatment you need to heal. A misdiagnosis study by the Mayo Clinic found that of 286 patients referred to them or who went to the clinic for a second opinion,

  • 66 percent received an altered diagnosis and new treatment plan
  • 21 percent received an entirely new diagnosis
  • Only 12 percent received confirmation that their original diagnosis was correct

Incorrect diagnoses can lead to unnecessary treatments or no treatment at all. Misdiagnosis makes up almost a third of all malpractice claims in the United States, and is the most common outpatient claim our malpractice lawyers in Chicago and Illinois see. Of "high-severity" claims, 74.1 percent involved the "big three" of vascular events, infections and cancer.

Birth Injuries

About six to eight out of 1,000 babies born in the United States are born with a birth injury. Introducing a child into the world should be a joyous occasion, so it can be especially heartbreaking and infuriating when they are injured because of a doctor's or nurse’s negligence. Common birth injuries include:

A doctor may breach the standard of care if they fail to monitor the mother and infant, are too forceful or incorrectly use tools during delivery, do not perform a cesarean section when they should or perform a botched cesarean section. If you or your child was injured during birth, the Burger Law Illinois malpractice lawyers based in Chicago will insist that you recover maximum compensation for your damages.

Botched Surgeries

In the United States, there are as many as 4,000 preventable surgical errors each year, and they are the most common malpractice claim that occurs in hospitals. While medical professionals have determined "never events," which are theoretically so easy to prevent they should never happen, surgeons and nurses still commit negligence during surgery. Some common examples include:

  • Failure to monitor during surgery
  • Failure to monitor after surgery for infections, blood clots or heart problems
  • Failure to properly administer anesthesia
  • Puncturing or perforating an organ
  • Performing the wrong surgery
  • Leaving an object inside the body
  • Performing surgery on the wrong side or part of the body

Nursing Home Negligence and Abuse

The Nursing Home Reform Act of 1987 established a standard of care for Illinois nursing homes and included a resident's bill of rights. While the act has helped improve nursing home conditions, far too often residents suffer abuse or neglect by nursing homes and their employees who break the rules. If you have a loved one in a Chicago or Illinois nursing home, it is important to look out for warning signs of negligence, one of the most common of which is bed sores.

Other common types of medical malpractice include:

  • Medication errors
  • Dental malpractice
  • Failure to inform or acquire informed consent
  • Hospital system errors, such as in the emergency room or radiology department

If you or a loved one has been injured because of a negligent doctor, nurse or medical institution, call our Illinois malpractice lawyers in Chicago immediately. The sooner you call us, the sooner we can start working on your case, find you the proper medical care you need and secure a full financial recovery for all of your damages. Call Burger Law's malpractice lawyers now at 312-500-HURT.

How Do You Prove Medical Malpractice?

How Do You Prove Medical Malpractice in Chicago, Illinois?

Medical malpractice cases are complicated, and there are often many different parties you can sue. Burger Law has seen every type of medical malpractice case and knows how to hold negligent parties responsible for their actions. There are four things your Burger Law Illinois malpractice lawyers in Chicago must prove in order to win a medical malpractice case:

  1. A doctor-patient relationship existed. This establishes that the doctor owed you a duty of care. If you were choking at a restaurant and there was a doctor present, they do not owe you a duty of care. The right thing to do may have been to intervene, but they are not guilty of medical malpractice as no doctor-patient relationship existed. A doctor-patient relationship is often easy to prove as there will be a record of any appointments or surgeries.
  2. The duty of care was breached. This is where the issue of standard of care arises. Your malpractice lawyers in Chicago will have to show that your Illinois doctor did not treat you with the same care that a competent doctor in the same field would have. For example, they may not have ordered tests that should typically be ordered when treating someone with your symptoms.
  3. The breach of care caused your injuries. It is not enough to prove that the doctor gave you substandard care; your malpractice lawyers must also demonstrate that the care was the proximate cause of your injury, or that you would not have suffered the injury were it not for the actions or inaction of the medical professional. For example, if a Chicago or Illinois surgeon leaves a sponge inside your abdomen after surgery and you develop an infection as a result, the sponge is the proximate cause of your injury.
  4. You suffered damages as a result. Once your malpractice lawyers in Chicago prove that your Illinois doctor breached the standard of care and caused you injuries, they must then demonstrate that you suffered damages that you need to be compensated for. These can be:
    • Economic losses, such as:
      • Lost wages
      • Lost earning capacity
      • Medical treatments; and
    • Noneconomic losses, such as:
      • Pain and suffering
      • Inconvenience
      • Mental anguish
      • Disfigurement
      • Loss of companionship or consortium
      • Loss of society

In Illinois, 735 ILCS 5/2-622 stipulates that a medical malpractice claim must be accompanied by an affidavit written by another healthcare professional who:

  1. is knowledgeable about the specifics of the case;
  2. either currently practices or teaches, or has practiced or taught within the last six years the same area or specialty of medicine that is "at issue" in your claim; and
  3. has reviewed the medical records and is familiar with your case, and agrees that there is good cause to file your malpractice claim.

Proving these four elements requires a thorough investigation, as well as talented and diligent Illinois malpractice lawyers and the help of industry experts. The Chicago-based malpractice lawyers at Burger Law know the ins and outs of Illinois law and work alongside our vast network of Chicago and Illinois medical and financial experts to deliver you justice and a great financial recovery. If you have sustained an injury because of a doctor's negligence, call us now at 312-500-HURT.

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How Long Do I Have to File a Malpractice Claim?

How Long Do I Have to File a Malpractice Claim in Chicago and Illinois?

Typically in Illinois you have 2 years to file a personal injury claim from the date of the negligence. 735 ILCS 5/13-212 is Illinois's specific statute for medical malpractice cases, which states that you, the claimant, cannot bring a claim more than two years

after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whichever of such date occurs first

It is important to note that you cannot file a medical malpractice claim more than four years after the negligence occurred, even if you did not discover your injury until more than four years after the date of the negligence. The one exception is if you or your loved one was under 18 on the date the malpractice occurred. Then you would eight years from the date of the injury, but no later than when you turn 22. If you have sustained an injury because of a doctor's negligence, there is no time to wait. Call our Illinois malpractice lawyers in Chicago now at 312-500-HURT.

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Malpractice Lawyers in Chicago, Illinois | Burger Law

It can be hard to know who to trust after your trust has already been betrayed by a doctor or other medical professional in Illinois. The injured and vulnerable in Chicago and Illinois have trusted in the Chicago malpractice lawyers of Burger Law for almost 30 years. We know the pain and uncertainty you must be feeling right now. Let us focus on fighting on your behalf and standing up to the bullies so you can focus on healing. There is no reason to wait, and no reason you need to feel alone right now. Call our Chicago-based Illinois malpractice lawyers now at 312-500-HURT or contact us online for a free case review.