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You and your loved ones rely on doctors to provide important medical care. If you are seriously ill or injured, you rely on these professionals to give advice, provide care, and offer support.
Most physicians perform their jobs with precision and provide exceptional care, but when they fail to do so, it places their patients at risk. This negligence may result in medical malpractice, doctor negligence, or other malicious behavior that causes a patient significant harm.
This outcome is unacceptable for a profession intended to heal the sick and injured. Once you’ve suffered due to medical malpractice, you may want to fight back against this injustice, but it is hard to know where to start.
The medical profession is filled with bureaucracy and red tape that makes it difficult to voice your concerns. The Champaign medical malpractice attorneys & litigators at Spiros Law understand this struggle, and we will help protect your rights as a patient.
Severe Injury Settlements & Verdicts
$40,000,000 – Birth Injury Verdict
A 19-year-old teen and her parents won $40 million for injuries suffered during childbirth. This was the largest medical malpractice verdict in Coles County, Illinois, and the highest ever outside of Cook County.
$29,500,000 – Medical Malpractice & Product Liability Settlement
A man suffered permanent disability after a non-emergency surgery. After six years of legal battles, he received a record-breaking settlement in downstate Illinois.
$3,300,000 – Medical Negligence Payout
Settlement for a 52-year-old female who suffered a fatal head injury after a hospital fall during rehabilitation following a ruptured aneurysm.
$1,400,000 – Medical Negligence Settlement
Won settlement for a 42-year-old female improperly administered medication, resulting in reflex sympathetic dystrophy..
Spiros Law
Major Personal Injury Lawsuits & Litigation
20+ Years of Experience
Available 24/7 by Phone, Message & In-Person
$0 Upfront Attorney’s Fee
Why Choose Spiros Law?
Our reputation is built on proven results and respect within the legal community.
Premier Litigation Results & Professional Acclaim
- Million Dollar Advocates Forum: Membership is limited to trial lawyers who have won million and multi-million dollar fragments and settlements.
- Super Lawyers (2007, 2012 – 2026): Recognized as a Top Lawyer in Illinois for nearly two decades, a distinction earned by only 5% of attorneys in the state.
- Top 10 Consumer Lawyer, Leading Lawyers: Awarded for excellence in representing individuals against major insurance corporations.
Gold-Standard Ratings from Clients & Colleagues
- Notable “Superb” 10/10 Avvo Rating: The highest possible score for legal ability and ethical standards.
- 5-Star Attorney Rating, Lawyers.com: Reflecting our commitment to client communication and successful case outcomes.
- Distinguished 4.9 Peer Review, Martindale-Hubbell: An elite rating based on the confidential opinions of members of the Bar and the Judiciary.
- Notable 10/10 Justia Lawyer Rating: Comprehensive recognition of legal knowledge and professional standing.
Mastery of the Illinois Legal Landscape
- Illinois Bar Certified: Verified legal standing and compliance within the Illinois judicial system.
- Top Attorney Award (2019 – 2024): Deeply rooted in the local community, serving Northeastern Illinois.
Meet James D. Spiros and Your Legal Team: The Spiros Law Team
Case We Handle
Medical Malpractice Cases
Medical malpractice can come in a variety of different forms because any medical professionals may commit malpractice. The title of medical professional may extend from doctors and nurses to technicians, hospital staff, and pharmacists.
The large number of different medical professionals you may visit when suffering from an illness or injury creates greater opportunity for malpractice to occur. Some of the most common areas of malpractice include:
- Wrongful Diagnosis/Failure to Diagnose a Condition
- Improper Treatment
- Surgical Errors
- Emergency Room Errors
- Birth Injuries
- Wrongful Death
- Delay in Treatment
- Hospital Negligence
- View All Practice Areas
Any one of these forms of medical malpractice may have devastating results for the patient and their loved ones. Damages caused by malpractice may include injury, increased hospitalization time, financial burden, temporary or permanent disability, and in the worst cases, death.
How to Prove Medical Malpractice
Although medical malpractice is common across the United States, with nearly 640,000 cases reported in the last 10 years, it is still difficult to file a claim.
There is important information you must prove and necessary steps you must take in order to make a valid claim. Some of these elements include:
- Proof of a doctor-patient relationship: This demonstrates that you hired the medical professional involved and received their advice and services in a medical setting.
- Proof that the doctor was negligent: This involves information of some kind that demonstrates your doctor caused harm in a way a competent doctor would not. The heart of most malpractice claims involves determining if the doctor was “reasonably skillful and careful.”
- Proof that the doctor’s negligence caused the injury: You must be able to show that your injury or illness was the result of doctor negligence rather than circumstantial.
- Proof that the injury led to specific damages: While these damages are often physical, they may also relate to mental anguish, financial burden, and loss of working and earning capacity.
In order to gather this information, it is essential that you receive a medical assessment to confirm your condition. This physician may issue you a “certificate of merit,” which indicates that you have a valid injury that resulted from negligence.
Additionally, it is important to contact an experienced medical malpractice attorney to help you use this information to build a case against the doctor at fault.
Medical Malpractice FAQs
Malpractice Basics
What is informed consent?
Informed consent means your doctor or healthcare provider must clearly explain your treatment before it happens. This includes the benefits, risks, and available alternatives. You must agree freely, without pressure.
If a Champaign area doctor failed to explain serious risks or rushed you into a procedure, that may support a medical malpractice claim.
Common exceptions include:
- Routine care such as annual checkups
- Emergency situations
- When a patient is unconscious or unable to make decisions
Is it malpractice if my doctor admitted they made a mistake?
Not always. A doctor apologizing does not automatically mean malpractice.
Key points to understand:
- An apology alone is not proof
- A clear admission of a factual error may be used as evidence
- The focus is whether the mistake caused harm and violated proper medical standards
Proving a Medical Malpractice Case in Illinois
What do I need to prove to file a medical malpractice claim?
To pursue a malpractice case in Champaign or elsewhere in Illinois, you must show:
- A doctor patient relationship existed
- The provider failed to meet the standard of care
- That failure caused your injury
- You suffered real harm, such as medical bills, pain, or lost income
All four elements must be present for a valid claim.
Do I need a medical expert before filing a lawsuit?
Yes. Illinois law requires this step.
Before filing a lawsuit:
- A qualified medical professional must review your records
- They must confirm the claim has legal merit
- This is documented through an Affidavit of Merit
This requirement applies to medical malpractice cases filed in Champaign County courts.
Filing Deadlines and Time Limits
When should I file a medical malpractice claim in Champaign, IL?
Most Illinois medical malpractice cases must be filed within two years.
The timeline usually begins when:
- The injury is discovered
- Or when it reasonably should have been discovered
There is also a strict deadline:
- No case can be filed more than four years after the medical error
Missing these deadlines often means losing your right to compensation.
What if I did not realize it was malpractice right away?
This is common, especially with delayed diagnoses or surgical complications.
Illinois follows the discovery rule, which means:
- The clock may start when you learn about the injury
- Not always on the date the mistake occurred
Even so, the four year maximum deadline still applies statewide.
Who Can Be Held Responsible
Can I sue a hospital or only the doctor?
In Champaign medical malpractice cases, you may be able to pursue both.
Hospitals may be responsible if:
- Nurses or staff made mistakes
- Employees failed to follow procedures
- The hospital gave the impression the doctor worked for them
Hospitals in and around Champaign may still be liable even if the doctor is not a direct employee.
Can I file a claim for a nurse or technician’s mistake?
Yes. Medical malpractice can involve:
- Nurses
- Technicians
- Pharmacists
- Hospital staff
- Nursing home staff
Hospitals and medical facilities in Champaign County are often responsible for their employees’ actions.
Case Value and Compensation
How much is my Champaign medical malpractice case worth?
Each case is unique. The value depends on how serious the injury is and how it affects your life.
Compensation may include:
- Current and future medical expenses
- Lost wages and reduced earning ability
- Pain and suffering
- Permanent injury or disability
Illinois does not currently cap pain and suffering damages in medical malpractice cases.
Timeline Expectations
How long does a medical malpractice lawsuit take in Champaign County?
Medical malpractice cases take time to resolve.
Typical timelines include:
- Two to four years in many cases
- Some claims settle sooner
- Trial cases may take longer
Delays often involve reviewing medical records and obtaining expert opinions.
What to Do Right Now
What should I do and not do after suspected malpractice?
Early actions can protect both your health and your legal rights.
Do:
- Request full copies of your medical records
- Write down symptoms and how the injury affects daily life
- Seek a second medical opinion
Do not:
- Post about your condition or case online
- Speak with hospital insurance representatives alone
- Give recorded statements without legal guidance
Common Concerns
I am still seeing the doctor who hurt me. What should I do?
Your health comes first.
If you no longer feel comfortable:
- Get a second opinion
- Transfer care if necessary
- Request your medical records at any time
Requesting records does not mean you are filing a lawsuit.
Do I have to pay anything to start a Champaign medical malpractice case?
Most medical malpractice cases are handled on a contingency fee basis.
This typically means:
- No upfront legal fees
- The law firm advances investigation and expert costs
- You only pay if compensation is recovered
Fee details should always be discussed during your consultation.
Ready for Legal Advice?
Once you’ve endured medical complications due to a hospital’s wrongdoing or negligence, simply reach out to Spiros Law for legal support.
With over 20 years of injury law & civil litigation experience, Spiros Law fights insurance companies, healthcare providers, and other responsible parties to get justice for those injured throughout Illinois.
Contact Spiros Law for a free consultation.
Spiros Law
Major Personal Injury Lawsuits & Litigation
20+ Years of Experience
Available 24/7 by Phone, Message & In-Person
$0 Upfront Attorney’s Fee
Disclaimer: The information on this website is for general informational purposes only and is not legal advice. Past results, verdicts, settlements, and testimonials do not guarantee future outcomes. Each case is unique and depends on its specific facts and applicable law. Image shown for illustration purposes only. Attorney advertising.
