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

Illinois medical malpractice

Illinois Medical Malpractice Due To AI

I remember the first time I heard about robots performing surgery. That was wild to me, but at least we knew that doctors were handling everything. That seems to be changing a bit when it comes to AI in the medical field. And in my opinion, that should worry everyone.

Artificial intelligence is starting to play a bigger role in medicine, including in operating rooms across the country. Many hospitals now use surgical systems with AI-powered software that is designed to help doctors perform procedures more precisely. These tools work like a GPS system for the human body, helping surgeons track where their instruments are during surgery. In theory, this technology should make procedures safer. But some recent botched surgeries suggest that these systems don’t always work the way they are supposed to. When that happens, it’s likely a case of medical malpractice.

In some cases, the technology reportedly told surgeons their instruments were in one place when they were actually somewhere else inside the patient’s body. When that happens, the results can be catastrophic. Surgeons may unintentionally damage nearby tissue, nerves, or blood vessels if they rely on incorrect information from the navigation system. If they are not verifying EVERYTHING that the AI tool is telling them, it’s a problem.

One reported case involved a surgeon performing a minimally invasive sinus surgery on a middle-aged woman. The surgeon intended to blow up a small balloon in her sinus cavity to expand it. During the operation, the navigation system reportedly misidentified where the instrument was located inside her head. As a result, her carotid artery was injured, leading to a blood clot and then a stroke. The mother of four spent five days in the ICU. A part of her skull was removed to give her brain room to swell.

Reports to federal regulators suggest that problems actually increased after AI features were added to certain surgical navigation systems. Before the AI upgrades, only a small number of malfunctions had been reported. After the changes, regulators received many more reports involving injuries, equipment errors, or system malfunctions.

Federal regulators have cleared more than 1,000 AI-enabled tools used for diagnosing conditions, monitoring patients, and assisting with surgery. While many doctors believe this technology can improve patient care, some experts worry that certain devices may not be thoroughly tested before they reach the market.

For patients, it is important to understand that AI does not replace the judgment or responsibility of the surgeon. These systems are meant to assist doctors, not make decisions for them. However, when the technology provides incorrect information during surgery, it can create serious risks.

As AI becomes more common in hospitals and operating rooms, these types of problems may lead to more medical malpractice and product liability claims. If you or a family member has suffered serious harm from a botched surgery, it is worth discussing this with a licensed attorney. Contact us today for a free consultation and advice on how to best move forward.

Failure to Diagnose Breast Cancer Lawyer in Illinois

We are attorneys who help people find the best lawyer for their case. Contact us at 312-346-5320 for a free consultation.

The second-highest cause of death in the U.S.A. is cancer, accounting for over 600,000 deaths a year. According to the American Cancer Society (ACS), breast cancer is the most common cancer diagnosed in women in the U.S. making up about 1 in 3 new cancer cases each year. In 2025, the ACS estimated that women would face 316,950 new invasive breast cancer cases and about 42,680 deaths from breast cancer.

The good news is that breast cancer is relatively easy to diagnose in most cases. It is also a part of a regular doctor’s exam. So good screening usually catches it. But mistakes can be made.

A failure to diagnose breast cancer lawyer is needed when a healthcare provider’s negligence leads to a delayed or missed diagnosis, resulting in harm, such as more aggressive treatment or a worse prognosis. This can happen if a doctor fails to follow up on symptoms, misinterprets imaging or biopsy results, or doesn’t order necessary screenings like mammograms. If this happens, a medical malpractice lawyer should investigate your case.

A good malpractice lawyer will help you understand your rights and seek compensation for damages, including medical expenses, lost wages, and pain and suffering, if a delay in diagnosis caused or increased your harm.

How Do I Know If I Have A Good Medical Malpractice Case?

Nobody can tell you if you have a good case for sure without seeing your medical records. Attorneys will review that for free as long as there is an indication that the case is worth looking into. When it comes to breast cancer that typically means:

  • You have stage 3 or stage 4 cancer. If it is stage one or two then any negligence by the doctor likely did not cause a significant enough harm to justify the cost of the lawsuit, all of which is paid for by the lawyer. So unfortunately at times doctors do get away with being negligent. But the good news is that at stage one or two you should recover without a major harm. At least in comparison to what could have happened.
  • How long was the delay in diagnosing you based on their negligence? We typically look for a delay of six months or more. That is because that timeline would show that the misdiagnosis resulted in a change in your ultimate outcome. That is not true for every case as some cancers are slow growing and some are rapid. But it is a good general guideline.
  • How long do you have to sue? Generally speaking you have two years from when you knew or should have known malpractice occurred to sue. But you can’t go farther back than four years to sue if you were over 18 when the malpractice happened. So if the original doctor screw up was five years ago, there is likely nothing we can do.
  • What other health issues do you have? It sounds unfair, but if a patient is misdiagnosed, but also has other major health issues, that can prevent there from being a case. That is because these other health issues can reduce your damages and/or create a defense.
  • Did you ignore any advice from a doctor? If so, that can create a defense.

None of this should discourage you in any way. What lawyers want is what you should want which is the truth and to be able to hold someone accountable if they made a mistake.

The good news is that it costs nothing to have a consultation about medical malpractice and whether or not you have a case. And it costs nothing to hire a lawyer. Attorneys only get paid if they make a recovery for you.

In almost every case, a delay of six months or more makes your case worth investigating. This substantial delay can cause real harm, including:

  • More invasive surgeries (mastectomy instead of lumpectomy)
  • Higher chance of metastasis
  • Fewer treatment options
  • Longer recovery times
  • Lower survival rates
  • Higher emotional and financial strain

Compensation From A Successful Medical Malpractice Lawsuit

While every case is different, these cases can be worth millions of dollars depending on the evidence and the outcome. Some things you can be compensated for include:

  • Past and future medical bills
  • Lost income
  • Loss of future earning capacity
  • Pain and suffering damages
  • Emotional distress
  • Loss of normal life
  • Wrongful death compensation
  • Loss of companionship for families

We promise to treat your case with compassion and respect. We will give you the same legal guidance in a free case review that we would give to family members or friends. Our attorneys have been helping people find the best lawyer for their case since 2001.

We understand how overwhelming this situation is. Many people call us in tears, worried about their future. We listen, we support, and we point you in to the right failure to diagnose breast cancer law firm. If you believe your breast cancer should have been diagnosed sooner, we’re here for you. Please contact us at 312-346-5320 any time. We help people everywhere in Illinois.

16 Illinois Hospitals To Avoid

We have been involved in hundreds of Illinois medical malpractice lawsuits and helping people find the best lawyer for their case.

You see a lot of patterns over 24 years. Some hospitals seem to be worse than others. An organization that tracks hospital safety came up with a list and ranked Illinois the 20th safest place to go to the hospital in the country. They grade every hospital and look at things like hand washing, falls that take place and deaths that seem preventable. They look for positive steps to like one hospital using a wand after surgeries to make sure a sponge hasn’t been left inside of you.

Over 100 Illinois hospitals were graded. You can see the full list of grades here. 15 hospitals got a D grade and one got an F. It looks like you should avoid:

  • CGH in Sterling
  • Community First Medical Center in Chicago
  • Gateway Regional Medical Center in Granite City
  • Genesis Medical Center in Silvis
  • HSHS St. John’s Hospital in Springfield
  • Insight Hospital and Medical Center in Chicago
  • Javon Bea Hospital in Rockton
  • OSF Saint Katharine Medical Center in Dixon
  • Roseland Community Hospital in Chicago
  • Springfield Memorial Hospital in Springfield
  • SSM Good Samaritan in Mt. Vernon
  • Unity Point Trinity in Moline
  • Unity Point Trinity in Rock Island
  • Weiss Memorial in Chicago
  • West Suburban Medical Center in Oak Park

And the one Illinois hospital to get an F grade

  • HSHS St. Mary’s in Decatur

Some thoughts on this list. I’ve seen a huge uptick in calls from potential medical malpractice victims of Trinity in the Quad Cities in the last year so that tracks. And I’ve heard bad things happening at all of the Chicago area hospitals so that makes sense. This list also reflects how it can be hard to get good medical care at rural hospitals.

But I also note that the list gave an A to St. Bernard’s Hospital in Chicago. I’ve heard many horror stories about care at that place with one attorney telling me that they wouldn’t take their dog there. And while I know Northwestern and University of Chicago have some great doctors, they both got A’s even though they are the two hospitals we get the most calls about possible medical malpractice lawsuits. Both places have had big verdicts and settlements against them in the last few years.

In other words, I’d take this list with a grain of salt. Look at the reports as to why they are considered safe or not safe. But in my experience, the best way to get a good result at a hospital is to be an advocate for yourself or a family member. In other words, if a room is dirty, let them know. If you have questions, ask them. If someone is a fall risk or has an allergy, make sure it’s crystal clear. If something is bothering you, don’t wait to bring it up.

This doesn’t guarantee a good outcome, but it certainly increases your chances of one. It shouldn’t work that way, but it does.

And if you have any questions about Illinois medical malpractice law, please call us any time at 312-346-5320.

Malpractice Lawsuits When Cancer Re-Occurs

We have helped many people successfully bring lawsuits for a failure to diagnose cancer. It’s probably the most common case we’ve been a part of. If you’d like a free consultation, please call us at 312-346-5320.

Cancer is awful. That’s not some profound statement of course. It has touched everyone I know in some way. Most people know someone who has died from it and/or who have had it and recovered from it.

Getting the all clear from your oncologist has to be an amazing feeling. I’m fortunate that I can’t personally relate to that, but have been elated when multiple friends have gone through this and gotten a clean bill of health. Getting checked every 6-12 months is no big deal.

For some people, cancer sadly returns. In a lot of those cases we get calls from them or their loved ones looking to bring a lawsuit. Depending on the type of cancer you have that can be a challenge unless we can show one specific thing.

Most cancers, such as breast cancer (which commonly comes back) are treated with an algorithm. Based on the tumor size and location a certain regimen of chemo will be prescribed. They can never know for sure that a microscopic amount of cancer still remains, so in some patients the cancer comes back in the same spot. When it does, it’s not usually a malpractice case even if there was a delay in discovering it.

When I say same spot, I mean same primary tumor. For some unlucky people, the cancer reappears in the same body part, but a different primary tumor. In those situations, if there was a more than six month delay in discovering the problem, you may in fact have a lawsuit.

So to win it’s really important to compare the old and new radio-logical findings to see if we are dealing with a new problem or recurrence of the old one.

This seems like more medical advice than legal advice, but it’s done in consultation with specialists who have handled these cases for years. These are hard talks to have with clients because it’s usually people with cancer that has spread and some of them have received bad medical care, but can’t be helped legally.

Every case is different of course, so please do not hesitate to reach out if you’d like a free case review.

Do you have an Illinois medical malpractice lawsuit?

medical-negligence

One of the hardest things I have to do in my job is tell people that they don’t have a case.  It’s not hard professionally because I always give honest answers.  But it can be hard personally since it’s heart-breaking to hear someone’s story of pain and then let them know that that there’s nothing we can do for them.  I may be a lawyer, but that doesn’t mean I have no heart.

This happens most often with calls about medical malpractice.  Even in Cook County, success rates for cases that go to trial are only 20% and that is considered very plaintiff friendly.  Of course many cases settle, but that doesn’t change the fact that a ton of claims go nowhere.

I was speaking to a malpractice attorney in Chicago who I am friends with and he said that his law firm files a lawsuit in about one out of every 100 cases that they review.  That’s true for most firms for many reasons.  The biggest is that these cases are expensive to bring and if you don’t have clear cut negligence AND very big, permanent damages, the costs wouldn’t justify proceeding.  It does allow many healthcare professionals to get away with mistakes and bad treatment.

My friend told me a great way that he explains to potential clients that they don’t have a case. It has to do more with the doctor screwing up, but not bad enough to make it a claim.

In general, you can’t successfully sue for something that is considered a general risk of a medical procedure.  For example, if you have a surgery and get an infection, that’s not likely a case because it’s a risk of being cut open.

To bring a lawsuit, your lawyer needs to find a reputable physician who is willing to testify that the person who took care of you screwed up.  My friend tells his clients that he can’t have a doctor review your records and give the treating doc a grade of a C- or even a D.  It has to be an F minus.  In other words, you need to review the treatment and say that what happened absolutely should not have occurred.

I wasn’t the best student in the world, but I wasn’t getting C minuses or D’s.  But if I did you could say that I passed or did something right even if it wasn’t great.   Well, if the insurance defense attorney can make that argument to a jury, then they are probably going to win or at least find one juror to side with them.  You need a unanimous jury to win, so if one is against you that won’t happen.

Because most screw-ups are not F minuses, it explains why you might not be able to find anyone to represent you.  Even if a failing grade appears, you still need catastrophic damages.  All of this is why bringing and winning a suit is very difficult.

Please don’t read this post and assume that you have no case.  There are exceptions to everything.  Also, it doesn’t cost anything to talk to us and evaluate whether or not something can be done or not.

Suing after a botched surgery in Illinois

download (7)

Botched surgery cases are medical malpractice cases, which are personal injury cases against a health care provider. You are alleging that your doctor was negligent and caused you harm as a result. These cases involve more than an unfavorable outcome. They are cases where the doctor screwed up, making more than just an honest mistake.

A botched surgery can be one of those cases where a piece of medical equipment or gauze is accidentally left inside a patient during surgery. It can also be unnecessary complications from a surgery that wasn’t performed properly or shouldn’t have been done in the first place. It can also be something severe, such as amputation of the wrong limb, permanent scarring or disfigurement, or even death.

In any medical malpractice case, the key is proving that the health care provider – the surgeon for example – acted below the standard of care. You’ll have to show that a reasonable doctor in the same position would not have done what yours did. In order to prove this, you’ll use a medical expert who will testify that this is the case. Medical malpractice lawsuits hinge on the opinions of these experts.

In general, medical malpractice cases are complex. They are also expensive for the attorney you hire, because they are the ones (or the should be the ones) paying for all the expenses up front. Expert witness fees can be thousands of dollars. They also don’t charge you for their time upfront. Only when, and if, you win the case does your attorney get a fee. This is why it’s important to hire a firm with a lot of resources and experience in this type of case. It’s not uncommon for a medical malpractice case to cost $100,000.

In light of these things, medical malpractice attorneys are picky about the cases that they take. It’s often a business decision. If there is not a significant injury, it won’t be worth the large expense to the firm. You can always get a consultation with an Illinois medical malpractice attorney to go over your case. It’s free, so there’s nothing to lose in looking into your options.  Contact us if you’d like our help.

 

Illinois medical malpractice lawsuit – Sometimes it’s wait and see

MedicalMalpracticePhoto

Some medical negligence cases are obvious right away.  If you go in to have your bad kidney removed and they accidentally take out the good one (that’s rare, but it’s happened), then there is no doubt that you have a case to pursue.

But more often than not, it’s not obvious that there is a case, at least not right away.

A good example of this is a man that called me in 2011 after he was in tremendous pain following a lumbar fusion surgery.  He didn’t feel like any of his problems were solved.

The problem for him is that he underwent a major surgery that has no guarantees.  It would be expected that he’d be in terrible pain after such an operation.  In fact, three lawyers he called before he talked to us told him that he had no case because the surgery wasn’t guaranteed.

While we agree with these lawyers in general, every case is unique and if you have a major injury or complication, then it deserves to be looked in to.  In this case, we discovered that the surgeon had been previously suspended from practicing medicine in two other states before getting a license in Illinois.  We also learned that the caller was not a good candidate for the surgery performed and it was done at the wrong level.

The bottom line is that this person has what appears to be a great case.  It’s unfortunate for him that is true because he is pretty messed up, but it would have been worse if this doctor was able to get away with it.

A lawsuit is currently pending.  The lesson is that if you do have a major injury, you might not have a case, but nobody can really tell you that for sure without looking at all of your medical records and investigating your unique facts.  19 out of 20 times a case like this is probably not actually a winnable case.  Lazy Illinois medical malpractice law firms don’t look in to the details.  The good ones do and that’s why they are successful.

Written by Michael Helfand

Free Case Review
From Our Attorneys

Archives