Find The Best Attorney For Your Case
(312) 346-5320 or (800) 517-1614
Free Consultations - 24/7
No Appointment Needed, Just Call

Michael Helfand

When a woman gives birth, labor usually follows a certain rhythm. But sometimes, labor takes much longer than expected. This is called long, extended, or slow labor. It can be exhausting and dangerous for both the mother and the baby if not properly managed by health care workers.

Long labor happens when the process of childbirth moves very slowly or stops altogether. In medical terms, if labor lasts more than 20 hours for a first-time mother or more than 14 hours for a woman who has given birth before, it is considered unusually long. Sometimes labor progresses normally at first but then slows down or stalls.

Several factors can cause slow labor, including:

The baby’s size: A very large baby might not fit easily through the birth canal.
The baby’s position: If the baby is breech (not facing the right way), it can make labor harder.
Weak contractions: If contractions are too weak or too far apart, they may not cause the cervix to dilate at a proper rate.
Pelvic shape or size: Some women have pelvic shapes that make natural delivery more difficult.
Exhaustion: If a mother is extremely tired or stressed, it can affect how labor progresses.

Doctors and nurses should closely monitor labor and take action if it is not moving along as it should. Long labor increases the risk of serious complications, such as:

Infection: Especially if the mother’s water has broken and labor is delayed.
Fetal distress: The baby may not get enough oxygen, leading to an abnormal heart rate.
Uterine rupture: In rare cases, the uterus can tear, which is life-threatening.
Postpartum hemorrhage: Heavy bleeding after delivery is more likely after a long labor.

If long labor isn’t properly handled, devastating injuries can happen. For the baby, these can include brain damage due to lack of oxygen, cerebral palsy that affects movement and muscle control, skull fractures, and nerve injuries, especially to the shoulders (called brachial plexus injuries). Babies can heal from some injuries, but other injuries will impact the rest of their lives.

OBGYNs and their nurses are trained to recognize and respond to signs of slow labor. When they fail to act appropriately, life-changing injuries can occur. If you would like to speak to an attorney about medical negligence during your long or slow labor, contact us at 312-346-5320. There’s never a fee unless the case is successful. We handle birth injuries everywhere in Illinois. We promise to treat your case like you are a family member or friend.

The number one Illinois personal injury question is, “How much is my case worth?” While I think people should focus on their health above all, I get why that’s something they are curious about.

Another thing to think about is how to get the highest value for your case and what it takes to actually get to a settlement being offered that you’d want to accept. Interestingly enough, those two things usually have the same answer.

To get the most money for a settlement, you want to get the best lawyer for your case. And to get a settlement offer that maximizes what you can get, you also need the best Illinois personal injury lawyer for your case.

Insurance companies don’t just hand out money. They make billions of dollars a year by minimizing what they spend on a case. Their strategy is often to deny and delay even when it’s unreasonable. Some car accident insurance companies have taken the strategy that they will fight every case. Their thought process is that if lawyers know that they’ll have to work hard, they won’t want to take on some of the cases. Sadly that strategy seems to work. It can be hard to get a good lawyer for a case worth less than $25,000.

The way insurance companies actually give you their best offer is dependent on two things. One is they realize they have high risk if the case goes to trial. That means they could have to pay out more money than they think they should.

The second way you get a great settlement is by your lawyer doing the work that needs to be done. You may have heard the phrase “settled on the courthouse steps.” That means that a case was resolved right before a trial was set to begin. To do that, your attorney would have taken all of the depositions needed and gotten the case actually ready to go to trial. It’s a lot of work! And it costs the lawyer more than time, but also money.

Insurance companies also will settle cases with firms that have a reputation for doing the work and actually going to trial. If they don’t think your lawyer will take two weeks to try a case, they won’t ever offer fair value. But if they know that the firm you hired has tried lots of cases successfully, they are much more likely to acknowledge that reputation and be fair in their offer.

And the reality is that the closer you get to an actual trial, if your case has strong facts, the much higher leverage you have to get a great settlement offer. So while this doesn’t mean you’ll never get a good settlement before a lot of work has been done, it’s a huge risk to not hire a firm with a reputation of going to trial.

Final thought. These firms with a great reputation often make a case worth more money. That means that if one law firm would tell you to take a $2 million settlement, they’d be able to get you $4 million. Every case is different of course, but there is a reason that we see the same firms getting top results year after year.

If you’d like to speak with a lawyer for free to discuss which law firm is best for you, contact us any time. We promise to treat you like a family member or friend.

We get 3-5 calls or emails a week from people who want to sue their lawyer for malpractice. To do so you have to show that your lawyer was negligent in a way that caused irreparable harm. That means a harm that can’t be fixed. The most common example is when a lawyer fails to file a lawsuit before the statute of limitations has run.

A lot of people who call us do so after they’ve lost a case or are unhappy with their result. I ask what the attorney did wrong that was legal malpractice and I often hear a similar reply. “My lawyer didn’t do anything.”

In most cases that simply isn’t true. If they filed a lawsuit, they did something. If they showed up to court, they did something. Same if they took a deposition, talked to opposing counsel, talked to you, etc. These are things. They might not have done it well, but that’s not legal malpractice.

This isn’t to say we’ve never sued a lawyer in Illinois for not doing anything. A recent settlement of almost $400,000 was against a divorce attorney who failed to show up to court so a default judgment was entered against his client. The client lost out on equity in the house and part of their spouse’s pension. It was negligent not to show up and the client had real, irreparable financial harm.

In other cases, people say the lawyer didn’t do anything when they really mean that the lawyer didn’t do the case the way I wanted to. Often that means not presenting certain evidence. In those cases, it might be malpractice. It also might be that the attorney made a judgment call that just didn’t work out. That isn’t negligence as no case is guaranteed to win.

In another case we were involved with, a criminal attorney was given exculpatory evidence, but didn’t notice it for around 18 months while his client say in jail. That wasn’t a judgment call situation, but a real example of the attorney doing nothing in a way that harmed the client. Once the evidence was presented the client got out of jail, but of course missed out on over a year of freedom.

There’s no guaranteed way to avoid legal malpractice. We’ve seen cases against some firms that do great work. Mistakes happen whether it’s the best lawyers or doctors. But it’s also true that a handful of lawyers have more allegations against them than others. So if you want to avoid hiring an attorney who will screw up, I usually recommend the following:

  • Don’t hire someone to old or too young.
  • Beware attorneys who try to handle every case that comes through the door. You are better off with an attorney who has a narrow practice focus.
  • Make sure they have a documented track record of success.
  • Check the ARDC website to make sure they carry legal malpractice insurance.
  • Don’t ignore red flags. If they aren’t returning phone calls or doing what they say they were going to do, either confront them or switch law firms before it’s too late.
  • Be in touch with them at least once a month. Mistakes often happen on cases lawyers forget about.
  • If you are going to sue, ask the attorney what the statute of limitations is and make sure you are communicating about when the suit will get filed.

Hopefully you don’t ever need to sue a lawyer in Illinois, but if you want to talk about it, call us any time at 312-346-5320.

Testicular cancer can have serious consequences if it is not diagnosed promptly. The success of any treatment largely hinges on an early diagnosis. If your doctor fails to identify your testicular cancer in a timely manner, you may have grounds for a medical malpractice lawsuit, which could provide compensation for the harm you’ve endured.

A failure to diagnose happens when a medical professional overlooks signs of cancer, resulting in a delay in treatment. In the case of testicular cancer, this could mean that a doctor misses key symptoms, dismisses a patient’s concerns, or fails to order the necessary diagnostic tests.

Common Symptoms of Testicular Cancer Include:

  • Changes in the size or feel of one or both testicles
  • Lumps or swelling
  • Pain in the affected area

When these symptoms are ignored, testicular cancer may advance to a more serious stage, which can severely affect treatment effectiveness and survival chances. Typically, we consider a case worth investigating if there’s a delay of six months or more. For instance, if you visited your doctor a year ago with complaints of swollen testicles and pain, only to be told it was an infection—only to later find out you have stage 4 testicular cancer—that situation could constitute a potential case.

In cases of medical malpractice stemming from a failure to diagnose testicular cancer, the timing of the diagnosis is crucial. What is key is when you discovered, or reasonably should have discovered, that something was amiss. For example, if a patient informs their doctor about a lump and the doctor dismisses it, but months later a different doctor diagnoses advanced testicular cancer, the legal timeline begins when the correct diagnosis is made—not when the initial misdiagnosis occurred. Please note that claims of negligence can usually only be filed within four years of the date of the diagnosis (assuming you were over 18 at the time).

If you suspect that a failure to diagnose your testicular cancer has occurred, we’re here to help. We offer a free consultation to assess whether you have a viable case. Testicular cancer is highly treatable, especially when caught early. However, a delayed diagnosis due to a doctor’s negligence can lead to life-altering consequences.

There is no upfront fee to hire an attorney, as we only get paid if you win. We can connect you with a reputable law firm with a proven track record in similar cases. Please reach out to us anytime at 312-346-5320 for a free consult. We cover all of Illinois.

See also: Chicago Malpractice Lawyers: Failure To Diagnose Prostate Cancer

The job of a lawyer is to help their clients. That’s not a radical statement, is it? Seems pretty basic. Most attorneys agree with that and practice that. Some more than others. I’ve seen lawyers settle cases to make sure they get paid, rather than take the case to trial where the client could get more money (or less or nothing).

Those decisions are usually made with the client’s input, even if the attorney tries to push them in one direction. But one Chicago work injury law firm is actively doing things that help themselves and really hurt some of their clients.

Generally speaking, when you are hurt on the job in Illinois, you get to choose your own doctor. You can pick whoever you want. They don’t have to be “in network” and there are no out of pocket expenses.

If you don’t know a doctor, your attorney can suggest one. But they shouldn’t force one on you. If your case goes to trial, and the opposing attorney asks why you picked that doctor, the credibility of your case could be hurt if the answer is, “My lawyer made me.”

Yet this is happening every day with a handful of law firms. One Chicago workers comp firm appears to be worse than all the others and it’s really hurting their clients.

Multiple current and former clients of this firm have told me that their lawyer forced them to see a certain doctor. A couple said they were told that the firm wouldn’t represent them if they didn’t see the doctor they chose for them.

What happens is that some doctors refer their patients to law firms. In return, the doctor expects the law firm to steer their clients to the medical practice. It’s a huge conflict of interest as they are scratching each other’s back. Neither is concerned about what is best for you.

Lawyers feel pressure to do this because if they don’t send clients to the doctor, they will stop getting referrals, many of which can be lucrative.

What happened to a lot of the people who called me is once the insurance company cut off paying the doctor, the doctor said the patient is fine and discharged them. This happened even in cases where there was a surgery recommendation or the client couldn’t walk more than a few feet due to the pain.

Basically the doctor didn’t want to keep treating them since they weren’t getting paid, so they screwed over the patient. And it’s all being done with the help of the attorney.

To me, if a lawyer insists that you have to see a certain doctor, it’s a HUGE red flag. I would not recommend you hire anyone who does this. It’s a clear and obvious sign that they are only looking out for themselves.

Note that this isn’t the same as your lawyer offering an opinion on certain doctors or suggesting one if you don’t have one. It’s when they make you feel forced to hire the one they suggest that it could be a problem.

If you have any questions about this or want a referral to an experienced, honest and caring workers compensation attorney, contact us any time at 312-346-5320.

Losing a loved one is heartbreaking, especially when their death could have been prevented. Families often ask: What’s the difference between wrongful death and medical malpractice? The two terms are connected but not identical. In this guide, we’ll break down wrongful death vs medical malpractice so you know what steps to take if you’re considering legal action.

We are Illinois lawyers who, since 2001, have been offering legal guidance and attorney referrals to top Illinois medical malpractice lawyers. Call our office at 312-346-5320 or 800-517-1614 to speak with an attorney for FREE and get pointed in the right direction. Alternatively, you can fill out our contact form to share your situation with us, and we will be in touch with you. It is always free and confidential to contact us.

What Is Medical Malpractice?

Medical malpractice happens when a healthcare provider—like a doctor, nurse, or hospital—fails to meet the accepted standard of care and causes harm. Examples include:

What Is Wrongful Death?

woman in chair

A wrongful death negligence case is different. It’s a civil lawsuit filed when someone dies due to another person’s carelessness or intentional act. It’s not limited to doctors and hospitals.

Wrongful death negligence claims can stem from:

  • Car accidents
  • Workplace injuries
  • Defective products
  • Nursing home abuse
  • Medical negligence

Illinois Laws That May Apply

In Illinois, two laws often apply in these cases:

  • Wrongful Death Act: Allows close family members to file a civil lawsuit for compensation when a loved one dies due to the wrongful act or omission of another party, such as negligence or intentional wrongdoing.
  • Survival Act: Allows a deceased person’s estate to bring a lawsuit to recover damages that the person would have been entitled to if they had survived the injury.

Wrongful Death vs Medical Malpractice

funeral

When comparing medical malpractice vs wrongful death, here’s how they differ:

What Is the Difference Between Malpractice and Negligence?

  • Wrongful death negligence: A broad concept meaning carelessness that causes death.
  • Medical malpractice: A specific type of negligence by a medical professional that deviates from the accepted standard of care, resulting in patient injury.

Who Brings the Claim

  • Medical malpractice: Filed by the injured patient or their representative while they’re alive.
  • Wrongful death: Always filed by surviving family members or a personal representative on behalf of the estate, since the victim cannot bring the claim themselves.

Focus of the Claim

  • Medical malpractice: About the harm caused to the patient, such as medical bills, lost wages, and pain and suffering.
  • Wrongful death: About the losses experienced by surviving family members, like funeral expenses, loss of financial support, and emotional impact.

Statute of Limitations

  • Medical malpractice: In Illinois, the statute of limitations is generally, with some exceptions, two years from when the injury was discovered or reasonably should have been discovered.
  • Wrongful death: Two years from the date of death.

Damages

  • Medical malpractice: Money awarded to cover medical bills, lost income, and the pain and suffering caused by a healthcare provider’s mistake. Compensation goes to the victim.
  • Wrongful death: Damages tied to survivors’ losses like funeral expenses, loss of financial support, and loss of companionship. Compensation is distributed among family members or heirs.

Can I File Both?

Yes. If medical malpractice directly caused your loved one’s death, you may have grounds for both a malpractice claim and a wrongful death lawsuit. Filing both can help recover damages for the patient’s suffering before death as well as the financial and emotional losses of surviving family members.

Wrongful Death Medical Negligence Examples

Here are common scenarios where malpractice leads to a wrongful death lawsuit:

  • A delayed cancer diagnosis leading to death by medical negligence
  • A surgical mistake causing fatal complications
  • An anesthesia overdose resulting in wrongful death medical negligence caused
  • Nursing home neglect that leads to preventable death
  • Each of these examples could be grounds for wrongful death due to medical negligence. 

Why Legal Help Matters

doctor

These cases are not simple. Hospitals, doctors, and insurance companies have teams of lawyers protecting their interests from the very beginning. That’s why having a trusted wrongful death medical malpractice attorney on your side makes all the difference. 

The right lawyer will:

  • Investigate thoroughly: Reviewing medical records, consulting experts, and uncovering what really happened.
  • Protect your rights: Make sure your case is filed correctly and on time, so no technical mistake keeps you from being heard.
  • Stand up to powerful defendants: Hospitals and insurers fight hard to minimize payouts, but your attorney fights harder for the truth.
  • Seek maximum compensation: Not just for bills and expenses, but for the lasting financial and emotional impact on your family.

When you’re facing the heartbreak of wrongful death due to medical negligence, you shouldn’t have to take on this battle alone. 

Find The Best Lawyer For Your Case at IllinoisLawyers.com

At IllinoisLawyers.com, we know that dealing with wrongful death medical malpractice settlements is difficult for families. However, you don’t need to navigate this alone.

Here’s how Illinois Lawyers can help you:

  • Free, Honest Advice: We’ll explain your options the same way we would if you were family.
  • Trusted Referrals: We connect you with an experienced medical malpractice wrongful death attorney who has a proven track record in Illinois courts.
  • Focus on Your Case: We don’t take money from the lawyers we recommend, so our only priority is finding you the right fit.
  • Fast Answers: Wrongful death and malpractice claims are time-sensitive. We make sure you get help before important deadlines pass.

Contact IllinoisLawyers.com Today

If you’re struggling with questions about wrongful death and medical malpractice, you don’t have to figure it out alone. Reach out to Illinois Lawyers for free legal advice and a referral to an experienced attorney today. The sooner you act, the sooner you’ll have answers—and the justice your loved one deserves.

When families place a loved one in a nursing home, they expect them to be safe, cared for, and treated with respect. Sadly, nursing home abuse injuries happen more often than most people realize. The National Council on Aging (NCOA) reports that up to 5 million older Americans are abused each year, with many of these cases happening in nursing homes and care facilities. 

IllinoisLawyers.com has been connecting families with the best nursing home abuse lawyers across Illinois since 2001. We provide you with free, confidential advice and direct you to the right attorney for your specific situation. Contact Illinois Lawyers today and get connected to experienced nursing home abuse lawyers.

Why Nursing Home Abuse Injuries Happen in Illinois

Nursing home abuse injury cases usually come down to one thing: neglect or intentional mistreatment. Facilities may be understaffed, employees may not be adequately trained, or caregivers may fail to provide the necessary attention to residents.

When staff cut corners, residents pay the price. From nursing home bed sores to severe infections in care homes, neglect can quickly spiral into dangerous health issues. That’s why it’s so important to understand the warning signs and act fast.

8 Signs of Nursing Home Abuse

man in chair

Here are the most common signs that could point to a nursing home abuse injury. If you notice any of these, it’s time to ask questions and possibly get legal help.

1. Bedsores in Nursing Homes

One of the most common red flags is bedsores in nursing homes. These painful sores, also called pressure ulcers, develop when a resident isn’t moved often enough. Left untreated, they can lead to infections, tissue damage, or even sepsis.

2. Unexplained Broken Bones or Fractures

Falls and broken bones happen, but in a supervised care setting, they shouldn’t be frequent. If your loved one has fractures without a clear explanation, it may point to neglect or unsafe conditions.

3. Nursing Home Infections

Infections are another serious warning sign. From pneumonia to urinary tract infections, poor hygiene and lack of proper medical care put residents at constant risk. Sadly, infections in care homes can turn deadly if ignored.

4. Bruises, Cuts, and Welts

Unexplained bruises, skin tears, or welts may indicate rough handling or even outright abuse. Sometimes staff members brush these off as “accidents,” but repeated injuries should never be overlooked.

5. Malnutrition and Dehydration

Many residents suffer from nursing home injuries tied to malnutrition or dehydration. If you notice sudden weight loss, confusion, or dry skin, your loved one may not be getting proper meals or fluids.

6. Head Injuries and Concussions

Falls, being dropped during transfers, or even intentional harm can cause head injuries. A concussion or brain injury in an older adult is life-threatening and demands immediate attention.

7. Spinal Injuries

Improper lifting, pushing, or falls can result in spinal cord damage. These injuries can cause paralysis, breathing problems, or long-term disability.

8. Emotional or Behavioral Changes

Not all signs of abuse are physical—emotional changes can be just as serious. Fear of certain staff, withdrawal from activities, or sudden mood swings can be signs of psychological abuse or neglect. Don’t ignore changes in your loved one’s personality.

What to Do If You Suspect Nursing Home Abuse

man touching a phone

If you notice any of these signs, start by documenting them. Take photos, write down dates, and talk with your loved one if possible. Then, reach out to an injury lawyer for nursing home abuse to discuss your options.

At IllinoisLawyers.com, we can connect you with a personal injury attorney with experience in nursing home abuse who will investigate the facility, collect evidence, and help you fight for justice.

Compensation for Nursing Home Abuse

Money won’t erase the pain, but it can help pay for medical treatment and hold negligent facilities accountable. Compensation not only supports recovery but also sends a clear message that abuse and neglect will not be tolerated in Illinois nursing homes. In cases of nursing home abuse, victims may be able to recover:

  • Medical bills (past and future care)
  • Pain and suffering
  • Emotional distress

An injury lawyer for nursing home abuse will make sure your family understands all possible legal options.

man in bed

Contact IllinoisLawyers.com Today

Abuse and neglect in nursing homes are unacceptable. If your loved one has suffered nursing home bed sores, repeated falls, infections, or other signs of neglect and abuse, don’t wait for things to get worse.

Reach out to Illinois Lawyers today for free legal guidance. We’ll connect you with a trusted attorney who can help protect your family’s rights and hold the nursing home responsible.

We are experienced Illinois attorneys who will talk to you for free. Please contact us any time at 312-346-5320 or fill out our contact form for a free case review.

By far the biggest and most dangerous Illinois legal trend of the last two years has been how people are trying to find legal information.

While most people are still calling lawyers, there are still some that rely on friends, neighbors, relatives etc. to give them legal advice. In other words, if you are hit by a car in Chicago or going through a divorce, what happened to someone you know has no bearing on what will happen in your case. Every case is different. So getting legal advice from these non-lawyes who have a small sample size of experience is a bad idea. That is especially true if you rely on them in making a decision on your case.

This problem has existed forever and is one reason we started our website back in 2001. We wanted to make free Illinois legal advice accessible and reliable. We do that by getting you with attorneys that we as lawyers would recommend to our friends and family members.

Of late there is a twist on how people are getting bad legal advice. The answer is ChatGPT. I get why people want to use it. It is in the news a lot and it spits out information back at your pretty quickly. The way the information is presented is almost as if it was a person who was answering your question.

The problem is that it’s not a person at ChatGPT or any other AI feature giving this advice. It is a collection of things that they find on the internet. And while many things on the internet are correct, of course many are not. As a result, we continually get called by people who told us what legal advice AI gave them and quite often it is wrong.

This is not a surprise. One study showed that ChatGPT is wrong over 52% of the time. There have been numerous examples of it making up cases that do not exist. There have even been lawyers who have been fooled by this and sanctioned by courts.

We have also seen situations where it is giving legal advice that might be correct in one state, but isn’t in the state of Illinois. In one instance, had the person who called us believed what the AI told them, they would have missed the statute of limitations for filing their lawsuit.

When you are getting legal advice, you need it to be 100% accurate. A big problem with these tools is that they will never say, “I’m not sure or I don’t know.” That is something a good lawyer does all of the time. They then take the time to dive into your situation. Or if you come to us, we will tell you who the leading lawyers are for whatever legal issue you are dealing with.

The other problem with ChatGPT is that it lacks nuance and critical thinking skills. Two to three times a day I will get a call from someone who thinks they have one legal issue, but really they have another. For example, somebody with back pain calls and their concern is that if they go out on FMLA they won’t have health insurance to pay for their needed treatment. But we dive into the specifics of their case and realize the back pain is caused in part by their job. As a result we advise them to pursue a workers’ compensation claim which will cover 100% of their medical bills and unlike FMLA, pay them for their time off of work.

Perhaps some day these tools will be as competent as getting advice from an experienced, trained professional, but that time has not yet come. So while I get why people might do this, it really is just a search engine right now and not something you can rely on to give accurate advice or a real analysis of your unique situation.

Brain injuries are some of the most devastating injuries a person can suffer. They can change how you think, move, work, and live every single day. While many brain injuries happen in car accidents, falls, or sports, far too many are the direct result of medical negligence

Medical errors are now recognized as a major public health issue, ranking as the third leading cause of death in the U.S., with over 200,000 preventable patient deaths and 400,000 cases of harm in hospitals each year.  If you or a loved one has suffered a medical malpractice brain injury, you may be entitled to compensation—and the right Illinois medical malpractice injury lawyer can help you fight for it.

At IllinoisLawyers.com, we’ve been helping families with medical malpractice cases since 2001. As an Illinois attorney referral service, we offer you free legal advice and refer you to an experienced attorney for your case. Contact Illinois Lawyers today for legal guidance from Illinois attorneys.

What Are Brain Injuries Caused by Medical Malpractice?

When a doctor, nurse, or other healthcare provider fails to meet the accepted standard of care, patients can suffer lasting harm. Brain injuries due to medical malpractice happen when that negligence results in damage to the brain.

Some examples include:

  • A surgeon who makes an error that cuts off blood supply to the brain.
  • An anesthesiologist who gives the wrong dose and causes oxygen loss.
  • Birth injuries where a baby is deprived of oxygen during delivery.

What Types of Brain Injuries Are Caused by Medical Malpractice?

woman in a chair

There are several types of brain injuries caused by medical malpractice, each with different causes and long-term impacts:

  • Anoxic and Hypoxic Brain Injuries
    • These occur when the brain is deprived of oxygen.
    • Anoxic: Complete lack of oxygen.
    • Hypoxic: Insufficient oxygen to the brain. 
    • Causes: Can stem from anesthesia errors, errors during intubation, or surgical complications that affect respiration or blood supply.
  • Traumatic Brain Injuries (TBIs)
    • Caused by external trauma to the brain. 
    • Example: Birth trauma from forceps or vacuum use, or improper patient handling.
  • Strokes
    • Result from failure to promptly diagnose or treat stroke symptoms
    • Or from errors in surgical procedures intended to prevent or treat strokes
  • Brain Infections
    • Can occur due to delayed diagnosis or inadequate treatment of infections, such as meningitis or encephalitis
    • Or through improper sterilization during medical procedures.
  • Hemorrhagic Brain Injury
    • Bleeding within the brain, often caused by ruptured blood vessels. 
    • Causes: Malpractice during surgery, failure to monitor patients on anticoagulants, or mismanagement of head trauma.

An elite, experienced Illinois brain injury lawyer can help you understand your rights and explore your options for compensation for medical malpractice brain injuries. People come to us to find out who those lawyers are.

Infant Brain Injury Caused by Medical Malpractice

Brain scans

One of the most heartbreaking examples of infant brain injury and medical malpractice happens during childbirth. Doctors and nurses are supposed to monitor for signs of distress. If they miss or ignore these signs, a baby can be deprived of oxygen, leading to conditions like cerebral palsy or hypoxic-ischemic encephalopathy (HIE). 

These injuries don’t just affect the child—they impact the entire family for life, with medical costs, therapy, and special education needs often required.

Common Medical Mistakes That Lead to Brain Injury

Medical malpractice can occur in many forms. Here are common types of brain injuries due to medical malpractice:

  • Surgical errors: Mistakes during delicate operations or failure to control blood loss.
  • Anesthesia errors: Wrong dosage, poor monitoring, or equipment failures.
  • Misdiagnosis or delayed diagnosis: Failing to detect a stroke, aneurysm, or infection in time.
  • Medication errors: Wrong prescription or dosage causing seizures or brain swelling.
  • Birth-related errors: Failing to act during prolonged labor or fetal distress.

Signs of Brain Injury After Medical Treatment

Sometimes, brain injuries are apparent right away, but at other times, symptoms develop slowly. Possible signs include:

  • Confusion or disorientation
  • Loss of movement or coordination
  • Speech problems
  • Memory loss
  • Personality or mood changes
  • Seizures or fainting
  • Persistent headaches or fatigue

Can You Sue for Brain Injury in Illinois?

Yes. The law allows patients and families to hold negligent providers accountable if:

  • There was a doctor-patient relationship.
  • The provider owed a duty of care.
  • The provider breached that duty through negligence.
  • The negligence directly caused the brain injury.
  • The patient suffered measurable damages (medical bills, lost wages, disability, pain, and suffering).

The Role of a Medical Malpractice Brain Injury Lawyer

woman nurse

A brain injury medical malpractice lawyer in Illinois does more than file paperwork. They guide you through every step:

  • Reviewing medical records and expert testimony.
  • Identifying who is responsible (doctor, nurse, hospital, or multiple parties).
  • Calculating damages, including future medical and caregiving costs.
  • Negotiating with insurance companies for a fair settlement.
  • Taking your case to trial if needed.

Having a brain injury medical malpractice attorney on your side levels the playing field against large hospitals and their legal teams.

Why These Cases Are Different

Brain injury cases require more than proof of negligence—they demand an understanding of medicine, long-term care needs, and life-changing damages. That’s why it’s so important to work with a lawyer who has experience in brain injury medical negligence cases specifically.

Unlike other injury claims, brain injury cases often involve:

  • Lifelong therapy and rehabilitation costs.
  • Home modifications and assistive technology.
  • Loss of earning capacity.
  • Emotional damages for both the victim and their family.

Steps to Take if You Suspect Brain Injury Negligence

If you or a loved one may be a victim of brain injury negligence, here’s what to do:

  1. Get immediate medical care from a trusted provider.
  2. Request copies of all medical records related to the incident.
  3. Document symptoms—keep a log of changes in memory, mood, or physical function.
  4. Contact a brain injury medical malpractice lawyer as soon as possible. Illinois has strict deadlines (statute of limitations), and waiting too long can bar you from filing a claim.

    In Illinois, the statute of limitations is generally 2 years from discovery (with some exceptions for minors/disabled patients).

Why Work With IllinoisLawyers.com?

At IllinoisLawyers.com, we’ve helped connect countless people to trusted attorneys who understand the complexities of brain injury medical negligence cases. Our mission is simple: give you the same honest, straightforward advice we’d give a family member or friend.

When you reach out, we’ll:

  • Listen to your story and review your situation.
  • Connect you with the right brain injury medical malpractice attorney in Illinois.
  • Guide you through your options for compensation.
  • Make sure you understand your rights at every step.

Need Help Finding an Experienced Attorney?

A brain injury caused by medical malpractice can leave families facing overwhelming medical bills, long-term care needs, and emotional challenges. But you don’t have to face it alone.

If you or a loved one suffered a brain injury due to medical negligence in Illinois, you may have the right to sue for damages. If you’re asking yourself, “Can you sue for brain injury?”, the best way to get answers is to speak with a lawyer who has handled these cases before.

Reach out to Illinois Lawyers today to connect with a brain injury medical malpractice lawyer who will give you free legal advice, fight for your rights, and help you secure the compensation you deserve.

We are experienced lawyers who can help you if you are injured in a car accident. We will answer general questions and/or recommend the best car accident lawyer for your case. Call us any time at 800-517-1614.

The title of this blog post refers to State Farm, but I could easily be talking about Allstate, GEICO, Progressive or any other insurance agency.

I’m writing this after speaking to a nice man who was rear-ended on the highway. The car that hit him, insured by State Farm, is clearly at fault. He sustained a head injury and was taken to the hospital. He was told to follow up with his doctor as he’s been diagnosed with a concussion. That’s a brain injury so he may need to see a neurologist.

The rep for State Farm could not have been any nice or expressed more empathy. That is often by design. They don’t want you to think they are up to anything. Long story short, they offered to pay for his ER visit and on top of that offered him around $1,400 to settle the case.

Why Do Car Insurance Companies Behave In Such A Terrible Way?

The hope of these insurance companies is that you will either think that’s a good deal or you will just take it because you could use the money. They aren’t looking at this guy or anyone else as a person. I’ve read they did over $150 billion in 2024 and made over $5 billion. One way you do that is to continuously pay much less on claims than you should.

If they looked at this guy as a person, they would see someone potentially at great risk due to his diagnosed concussion. That is a brain injury. Settling his case right now would be the dumbest thing he could do. I am not yet aware of how much the policy is for the car that hit him, but it’s at least $25,000 and potentially much, much more.

Also, if he took that settlement, he would not be able to file a claim on his own insurance for under insured motorist coverage.

This type of dirty trick is not a one off. It happens every day to hundreds of people and again it’s by all insurance companies. If you agree to settle and sign something, you might not be able to walk it back even if a lawyer makes you realize your error. You also run a huge risk in relation to your medical bills and ability to get treatment.

This is just one type of trick that happens. They play games on a lot of cases. They’ve paid out 100% of medical bills on a case based off what their billing specialists said and then later used the same specialists to argue bills should be 30-40% lower. A lawyer we know was awarded attorney fees due to late payments.

And when the insurance company calls, they are usually looking to get you to say something that could create a defense, even if you were rear-ended. Maybe they ask if you are sure your lights were on or how long you had been in the lane for. They are hoping to trip you up to the point where if they can’t deny your case, they can argue you were 30% at fault and attempt to reduce a payout by that amount. They do this often when there isn’t an injury because they know getting a lawyer for that can be hard.

The bottom line is you must know that when it comes to a car accident, the insurance company is not your friend and does not care about you. Tread carefully and know that if you have a good lawyer in your corner, even with the fee they charge after you win, you will almost always end up with more money in your pocket in the end.

Feel free to reach out any time if you want help in determining the best attorney for your case.

See also: A Shady Move By State Farm In A Car Accident Case

Free Case Review
From Our Attorneys

Archives