How We Can Help

Our Chicago Attorneys Make Medical Malpractice Clear

The harm you suffered at the hands of a reckless doctor or other medical professional may seem evident to you. But Chicago insurance companies and large hospitals involved will go to incredible lengths to diminish your injuries, suggest you were informed of the risks, and ultimately pay you less.

Our Chicago medical malpractice lawyers think you deserve better.

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Jared Staver
Ally. Advocate. Advisor.
How we can help

1. We Eliminate Risk for Chicago Medical Malpractice Victim

Rest easy knowing that we work based on a contingency fee. Put simply, if you don’t receive compensation, you won’t owe us anything. We know that many victims are concerned about finances after an accident, and we don’t want those concerns to keep you from getting the legal representation you deserve.

Free case evaluation
$0.00 out of pocket expenses
No fee unless you win

Average Payout Amount*

w/attorney $1,600 on your own $1,600
Difference of $1,000.00

*According to the 2017 Martindale-Nolo Research.

2. Our Medical Malpractice Experience Equals More; Faster.

Our malpractice attorneys in Chicago have handled thousands of malpractice claims and lawsuits. We know what it takes to make a large medical malpractice insurer take notice and what evidence will convince a jury. We also know how to hold reckless healthcare professionals accountable so no one else suffers and you recover everything you need to move on.

It all boils down to efficiency in a med mal case. And we’ve been honing that for years. If the first offer is not enough, your Chicago lawyer will participate in negotiations on your behalf to reach a fair and equitable solution. And if this is not reached, your lawyer won’t hesitate to fight for your case in court.

Building Your Case

Illinois Medical Malpractice Laws & Info

Staver has the legal side covered if you or a loved one suffered from medical negligence in Chicago. But having a general understanding of the unique laws that may apply to your med mal case can shed light on potential issues and help identify who’s responsible.

Building your case

Chicago Medical Malpractice, Injuries & Damages

Medical errors occur for many reasons and not every complication is an example of malpractice. But when negligent doctors, nurses, and staff are to blame you need to act fast. Sometimes establishing responsibility is obvious. Other times, it takes an investigation to confirm malpractice caused you harm.

We Handle a Wide Range of Med Mal Claims

The Chicago medical malpractice attorneys at Staver have been helping people recover physically and financially for over 20 years. In that time, we’ve secured millions and gained incredible insight into how to handle virtually any scenario.

Here are some examples of medical negligence that might lead to an insurance claim or lawsuit:

  • Failure to diagnose
  • Misdiagnosis
  • Misreading or ignoring lab results
  • Unnecessary surgery
  • Surgical errors
  • Improper medication or dosage
  • Poor follow-up care
  • Premature discharge
  • Disregarding or inappropriate patient history
  • Failure to properly test
  • Failure to recognize symptoms

Medical Malpractice: Damages & Losses

When someone else is responsible for your injuries or the death of your loved one due to medical malpractice, you have the right to be compensated. A fair and full medical malpractice settlement should consider how your life has been affected, and include all of your economic and non-economic damages.

Economic damages in medical negligence claim can easily be proven with documentation such as pay stubs, bank statements, and other financial records. Economic malpracrtice losses include:

  • Lost wages
  • Funeral costs in a wrongful death
  • Diminished earning capacity
  • Childcare expenses
  • Household maintenance fees
  • Medical expenses

Non-economic damages after a preventable medical error are harder to value, but should be considered:

  • Loss of consortium
  • Diminished quality of life
  • Physical pain and suffering
  • Mental anguish
  • Reputational damage
  • Disfigurement and scarring

Punitive damages are also available in medical negligence lawsuits, but only is egregious situations.


Medical Malpractice Negligence, Fault, & Liability

Medical malpractice claims in Chicago are based on negligence. This means that a medical professional or some other party acted unreasonably or failed to act and caused you else harm.

Who’s Liable for Medical Malpractice in Chicago?

In a medical malpractice case, parties commonly held liable are institutions such as clinics, hospitals, nursing homes, Health Maintenance Organizations (HMO), and anyone defined as a ‘healthcare professional’ such as a physician or a dentist. Liability in Medical Malpractice Lawsuits


Medical Malpractice & Standard of Care

‘Standard of Care’ looks at a professional’s medical decisions and compares them to what professionals with the same skill level, abilities, and level of knowledge would have done in similar circumstances. Medical Standard of Care


Causation in Med Mal Cases

Causation is one area in which it’s important to understand how Illinois law differs from other states. In some states, a plaintiff must prove that proper treatment would have led to a better result. In Chicago, a plaintiff only needs to demonstrate that the defendant’s care was the proximate cause of the injury. A preponderance of the evidence must prove this.


Time Limits, Medical Malpractice Insurance & Defenses

A medical malpractice claim in Chicago can get complicated fast. Insurance companies and hospitals will quickly diminish your injuries, suggest that you knew the risks, and use stall tactics so you accept less than you deserve.

Statutes of Limitations for Medical Negligence

In Illinois, the statute of limitations for a medical malpractice case is two years from the date you became aware of the negligent action. Regardless of when you become aware of the negligent care, you cannot file a case more than four years from the alleged malpractice.

Statutory Requirements in Medical Malpractice Cases


The Role of Malpractice Insurance

When people suspect a medical error, they usually ask if they should pursue legal action against the negligent doctor, nurse, or facility in question. In most cases, claims and lawsuits are filed against the individual’s malpractice insurance carrier, although there are exceptions.

The insurance company’s goal is to limit its expenses and protect its shareholders. And they will use a number of underhanded and ethically ambiguous tricks to weaken your case and prevent you from collecting a fair settlement.

Medical Malpractice Insurance Issues

  • Implying that your lawsuit is frivolous simply because you have an attorney or suggesting that having an attorney harms the healthcare industry; this puts you on the defensive and takes your focus off of your claim.
  • Forced arbitration or mediation for an HMO dispute; many patients do not know that they have agreed to this until they have a lawyer review their insurance paperwork
  • Downplaying the severity of your injury
  • Refusing to answer calls or acknowledge receipt of documentation and paperwork

Why Are Chicago Malpractice Claims Denied?

If you’re considering a medical malpractice claim, there are several things you should consider and discuss with an attorney because not every medical mistake is an example of malpractice.

For example, insurance or the individual in question might not be held liable if you refused medical treatment on religious grounds, suffered typical complications to a procedure, or refused to follow a doctor’s recommendations following a procedure.

Defenses in Chicago Medical Malpractice Cases

If you’re considering hiring a Chicago attorney for medical malpractice, there are a number of defenses you should first consider that are available to doctors, other professionals, and institutions. For example, they might not be held liable if you refused medical treatment on religious grounds, or refused to follow a doctor’s recommendations following a procedure.


Medical Malpractice FAQs

If your relative passed away due to the harm caused by a health care provider, then you may have a valid wrongful death claim. These claims are slightly different than typical personal injury lawsuit. However, you can still win money to cover medical expenses, pain and suffering your loved one experienced, estate administration costs, funeral and burial expenses, and more.

You may seek medical treatment for a number of injuries and illnesses, and negligence of a health care provider can both make those conditions worse and cause new injuries and illnesses. Common claims we have represented include birth injuries, brain injuries, nursing home injuries, surgical errors, misdiagnosis, and more. Our law firm has experience with all types of medical malpractice injuries, so we will know how to handle your case.

Medical malpractice is common in healthcare institutions, such as hospitals, surgery centers, trauma centers, nursing homes, and even in-office procedures at doctor offices. We can handle your case, even if it’s against an insurance company protecting a large hospital, such as the Thorek Memorial Hospital or AMITA Health.

Surgical centers are also a common place for medical malpractice. Sometimes those locations do not have the procedures in place to prevent negligence by health care providers. Some surgical centers in Chicago include Belmont Harlem Surgery Center and River North Sameday Surgery.

If you think that medical malpractice has caused your injuries or those of a loved one, you should immediately contact a Chicago medical malpractice attorney. We may also report the situation to the Illinois Health Care Bureau, which offers online complaint forms, or you can call 1-877-305-5145 to report a problem.


Is There a Medical Malpractice Lawyer Near Me?

We cover the whole of the Chicagoland area:

Chicago, Aurora, Elgin, Hinsdale, Naperville, Joliet, Waukegan

Our Process

It’s all About YOU After a Medical Injury

We know you didn’t ask to be injured. After all, you trust the doctor, nurse, or medical professional in question to get well. It’s why we built our process for recovering compensation with you in mind.

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Or learn more about our process...

Share Your Story with Us
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01

Consultation

02

Case Value

03

Evidence

04

Settlement

If Needed

Trial

Start with a Free Consultation

This is your chance to discuss your case with a medical malpractice lawyer near you. We’ll talk about what happened, whether you were made aware of any risks, and whether a malpractice claim or lawsuit makes sense.

When you meet with your Chciago med mal lawyer, here are some things you may want to have or be ready to discuss:

  • Your Story- We’ll want to know why you sought medical care to begin with and what you went through as a result.
  • Documents & Photos- In addition to your medical records and bills, photos of your injuries can help show the severity of your pain as well as document your recovery.
  • Receipts for Expenses: A significant medical error will result in various out-of-pocket costs associated with follow-up care, additional surgeries, medications, etc. These costs add up and should be accounted for.
  • Medical Timeline: Any information about your mistreatment or a summary of the relevant medical care you received would be helpful. This includes printouts from your doctors about your diagnosis and treatment, complications you experienced, or other steps you’ve taken to handle the issue.
  • Insurance Communication: You’ll be surprised by how quickly the insurance company reaches out for a statement, release form, or settlement offer. Avoid agreeing to anything until you’ve consulted a lawyer, and keep a record of any communications you have with the insurer or medical facility.
| Next Step: Determine the Value of Your Case

See What Your Medical Malpractice Case is Worth

We won’t waste time.

Staver gets to work fast to assess the full financial effect of being injured because of a medical error. It could go beyond simple medical bills and hours of missed work. A serious act of medical negligence could result in life-changing injuries, tremendous pain, and suffering – even fatalities.

Staver looks consider everything you endured and will continue to go through due to a medical provider’s mistake. Depending on the details of your malpractice case, you may be entitled to special damages, punitive damages, general damages, and, in some cases, survival damages.

For a full run-down of damages, take a look here.

| Next Step: Evidence

We’ll Collect Evidence and Provide Proof of Your Damages

You’ll need to back up what happened and how you suffered because of medical malpractice. This can include medical records, photos of your injuries, expert testimony from other doctors, and financial records demonstrating your lost earning potential.

For example, to establish medical malpractice, your evidence must demonstrate an accepted medical standard of care that applied to your case but did not receive it and suffered as a result. This sub-standard care is usually achieved by showing how a similarly skilled professional would have provided treatment under the same or similar circumstances.

| Next Step: Settlement

We’ll Settle You Med mal Claim, But Only if the Price is Right

Medical insurance companies want to make malpractice claims go away fast. They usually do this with quick settlement offers to victims for far less than they need or deserve.

But a medical malpractice injury can impact the rest of your life and require ongoing medical care. Staver won’t let you be pressured or settle for less than what’s fair. We’re also relentless in identifying liable parties and holding negligent medical professionals accountable so others don’t get hurt

| Next Step: Trial

If Necessary, We’ll Take Your Case to Trial

Most malpractice cases settle before court. However, sometimes sides don’t agree, or a trial is the best way to get justice. Whatever the case, we’ll explain the process and say when it may be time to take your case to court.

| Next Step: Consultation
Ready to get started?

It all starts with a free consultation.

Why Staver?

Staver Knows How to Win Your Med Mal Claim

If you’re a victim of medical malpractice, it may seem obvious to you where the fault lies. You received medical attention for relief, but instead are suffering from more pain as a result. Open and shut case, right?

However, on the other side are highly experienced legal teams who are skilled in defending their clients. Our lawyers have handled thousands of personal injury claims. We take care of the heavy lifting and keep you informed so you’ll always know where your case stands.

Contact us Today

Or learn how...

3500+
Clients Helped
Why Staver?

We Advocate for Chicago Medical Malpractice Victims

When you hire Staver, you’re getting an advocate. A passionate lawyer who will speak on your behalf, with insurance companies, and in court.

We’ve done it for thousands of clients who were in your shoes, and we’ll do it for you.

We’ve Earned the Support from Our Clients

We dedicate ourselves to client success and satisfaction. This shows in our 4.95 star Google rating 185+ reviews left by clients on Google.

Simply amazing. First time dealing with something like this and I couldn’t have asked for anything better. Everyone I spoke to was very kind and genuine. My career requires me to be out of town a lot but they were very understanding and were able to work with me. Everything was taken care of much quicker than I originally anticipated. All around from everyone at the firm to the doctors and physical therapist they are associated with are excellent. A+.

Juan Cisneros

★★★★★

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We Get Results in Chicago Malpractice Cases

At Staver Accident Injury Lawyers, P.C., we fight hard for our clients and those injured by medical errors and hospital negligence. And our case history shows this.

Our insight into the medical industry and our relationship with experts has helped us get justice for people in similar situations and recover millions, so an instance of medical negligence doesn’t define their lives.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Read more results

Award-Winning Med Mal Lawyers Working for YOU

We’ve won awards for over 3,500 clients. And with every award we get, the more it proves our quality. Years of credibility, glowing ratings from the BBB and a place on the top 100 trial lawyers of America.

The recognition we’ve accumulated speaks for itself.

Awards Memberships
Better Business Bureau A+ Rating
American Association of Personal Injury Attorneys
The AV Peer Rating
Top 100 Trial Lawyers of America
The National Academy of Personal Injury Attorneys
Multi-Million Dollar Advocates
National Association of Distinguished Counsel
The Chicago Bar Association
The Illinois State Bar Association
The American Bar Association
Brain Injury Association of America ‘Preferred Attorney’

Visit our Awards Page  

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Medical Malpractice: Related Reading

Here are some additional resources that may be of help.

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