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Doctors are expected to help and serve their patients to the best of their ability. We place trust in our physicians to heal us when we are sick or injured because their medical knowledge and ability surpasses our own.
This is an important relationship that typically works to the benefit of both doctor and patient. Mistakes do happen however, and they can have devastating results on your health or financial well-being.
Sometimes these mistakes are a result of an accident, although the health professional did everything in their power they would be expected to do. When these mistakes are the result of negligent or malicious behavior, however, you may be the victim of medical malpractice.
You have a right to expect proper medical care whenever you visit a health professional. Medical malpractice is a serious offense that breaches doctor-patient trust, and those responsible must be held accountable.
After you’ve suffered from medical malpractice, you can fight back against this injustice. The Kankakee medical malpractice lawyers at Spiros Law, P.C. are available to help you better understand your rights and build your case against a medical professional who caused you harm.
Medical Malpractice Resources: How To File a Claim on Behalf of a Loved One
$40,000,000 – Birth Injury Payout
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
30+ Years of Experience
Available 24/7 by Phone, Message & In-Person
$0 Upfront Attorney’s Fee
Medical malpractice is defined as harm to a patient by a doctor, who does not competently perform their medical duties. In order to prove that an injury was caused by malpractice, the claim must demonstrate that the doctor’s care violated standard medical procedure, was caused by negligence, and resulted in significant damages to the patient.
These damages may include physical pain, mental anguish, additional medical expenses, or lost work and earning capacity. Although medical malpractice is most commonly discussed in conjunction with doctor care, you may file a claim against any medical professional, including but not limited to nurses, technicians, and hospital staff.
When medical malpractice causes catastrophic injury, the Kankakee medical malpractice attorneys at Spiros Law, P.C. are prepared to help you through any of the malpractice scenarios you may face, such as:
- Wrongful Diagnosis/Failure to Diagnose a Condition
- Wrongful Death
- Improper Treatment
- Surgical Errors
- Emergency Room Errors
- Birth Injuries
- Delay in Treatment
- Hospital Negligence
- View All Practice Areas
Medical malpractice is a frightening and often devastating occurrence, and you should not have to fight back alone. If you have questions regarding medical malpractice, the lawyers at Spiros Law, P.C. will help you determine if you have a case and can provide you with important next steps to take.
What To Do After Enduring Medical Malpractice in Illinois
Medical malpractice is an unfortunately common occurrence in the United states, with close to 640,000 claims in the past 10 years. If you are faced with medical malpractice, it is important to know the steps to take before filing a claim so that you have the necessary information for a lawsuit. Some of the most important steps include:
1. Talk to the Medical Professional Involved
Start by contacting the doctor or healthcare provider involved in your care. This can help you:
- Understand what went wrong during the procedure or treatment
- Learn whether the issue can be corrected or treated
- Gather details that may be important later
Keep records of all conversations and medical documents.
2. Contact the State Medical Licensing Board
Your state’s medical licensing board oversees doctors and healthcare providers. They may:
- Investigate the medical professional
- Issue warnings or disciplinary action
- Provide guidance on your next steps
This step can also help support a future medical malpractice claim.
3. Check the Deadline to File a Claim
Medical malpractice cases are limited by strict time limits, known as statutes of limitations. These deadlines:
- Vary by state
- Can begin on the date of the injury or when it was discovered
- May permanently bar your claim if missed
Look up your state’s deadline as soon as possible.
4. Get an Independent Medical Evaluation
A second medical opinion is often required to prove malpractice. Another qualified doctor can:
- Review your medical records
- Confirm whether negligence occurred
- Provide a certificate of merit, if required by your state
This document is often a key requirement for filing a lawsuit.
5. Speak With an Experienced Medical Malpractice Attorney
Medical malpractice cases are complex and heavily defended. An experienced attorney like the Spiros Law team can:
- Review your case for free
- Gather expert testimony
- Handle deadlines and legal filings
- Fight for compensation for medical bills, lost wages, and pain and suffering
Having legal guidance can significantly improve your chances of success.
Take Action Early to Protect Your Rights
Every step above plays a critical role in building a strong medical malpractice case. Skipping any of them may reduce your ability to recover compensation. Once you’ve taken these initial steps, speaking with a qualified medical malpractice lawyer can help you move forward with confidence.
Spiros Law
Major Personal Injury Lawsuits & Litigation
30+ Years of Experience
Available 24/7 by Phone, Message & In-Person
$0 Upfront Attorney’s Fee
Why Choose Spiros Law?
In 2015 alone, approximately $4 billion dollars were paid to the victims of medical malpractice.
This money can help remedy the physical and financial costs of a negligent medical error. In order to receive compensation, however, you must fight back against this injustice.
We offer a free case evaluation, and with three offices—Champaign, Danville, and Kankakee, IL—we have a team near you ready to help.
At Spiros Law, we offer llinois medical malpractice lawyers and reputable Kankakee litigators with over 30 years of experience in malpractice law and courtroom environments.
Explore our history of medical malpractice case results, law firm accolades, and credible peer reviews of the Spiros Law legal team below.
To discuss the specifics of your case, contact us today.
Spiros Law Record of Success & Peer Recognition
Our reputation is built on proven results and respect within the legal community.
Distinguished Trial Record & Colleague Respect
- 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.
Top-Tier Client Reviews & Peer Endorsements
- 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.
Local Illinois Experience
- Illinois Bar Certified: Verified legal standing and compliance within the Illinois judicial system.
- Top Attorney Award in Danville, Illinois (2019 – 2024): Deeply rooted in the local community, serving Danville, Champaign, and Kankakee.
- Member of Champaign Bar Association: Committed to the local legal community and the pursuit of justice for Central Illinois residents.
Spiros Law combines local knowledge, courtroom experience, and personal attention to help injury victims move forward with confidence after an accident.
Discover: Meet The Spiros Law Team
Medical Malpractice FAQs
Malpractice Basics
What is informed consent?
Informed consent means your doctor must explain your treatment before it happens. This includes the benefits, risks, and other treatment options. You must agree freely without pressure.
If a doctor fails to explain important risks or pushes you into a treatment, that may be medical malpractice.
There are a few exceptions:
- Routine visits like annual checkups usually count as implied consent
- Emergency situations where you cannot consent
- Situations where the patient is unconscious or unable to decide
Is it malpractice if my doctor admitted they made a mistake?
Not always. A doctor saying sorry does not automatically mean malpractice.
In many cases:
- An apology alone cannot be used as proof
- A clear admission of a factual mistake may be used as evidence
What matters most is whether the mistake caused harm and failed to meet proper medical standards.
Proving a Medical Malpractice Case
What do I need to prove to file a medical malpractice claim?
To have a valid claim, several things must be shown:
- You had a doctor patient relationship
- The provider failed to give proper care
- That failure caused your injury
- You suffered real harm such as pain, medical bills, or lost income
All of these must be present for a case to move forward.
Do I need a medical expert before filing a lawsuit?
Yes. Illinois law requires this step.
Before filing:
- A qualified medical professional must review your records
- They must confirm your case has legal merit
- This is done through an Affidavit of Merit
This requirement helps prevent weak or unsupported claims.
Filing Deadlines and Time Limits
When should I file a medical malpractice claim?
In Illinois, most cases must be filed within two years.
The clock usually starts when:
- The injury was discovered
- Or when it reasonably should have been discovered
However, there is a strict deadline:
- No case can be filed more than four years after the incident
Missing these deadlines usually means your case will be dismissed.
What if I did not realize it was malpractice right away?
This is common.
Illinois follows the discovery rule, which means:
- The time limit often starts when you learn about the injury
- Not always on the date the mistake happened
Even so, the four year maximum deadline still applies.
Who Can Be Held Responsible
Can I sue a hospital or only the doctor?
You may be able to sue both.
Hospitals can be responsible when:
- Nurses or staff make mistakes
- Employees fail to follow proper procedures
- The hospital led you to believe the doctor worked for them
Even if a doctor is not an employee, the hospital may still be liable.
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 are often responsible for their employees’ actions.
Case Value and Compensation
How much is my medical malpractice case worth?
Every case is different. The value depends on the harm caused.
Compensation may include:
- Medical bills now and in the future
- Lost wages and reduced earning ability
- Pain and suffering
- Disability or permanent injury
Illinois does not currently limit compensation for pain and suffering in malpractice cases.
Timeline Expectations
How long does a medical malpractice lawsuit take?
Most cases take time.
On average:
- Two to four years is common
- Some cases settle sooner
- Others go to trial and take longer
Delays often come from medical record reviews and expert testimony.
What to Do Right Now
What should I do and not do after suspected malpractice?
What you do early can protect your case.
Do:
- Request a full copy of your medical records
- Write down symptoms and daily struggles
- Get a second medical opinion
Do not:
- Post about your condition or case online
- Speak to hospital insurance teams without a lawyer
- Give recorded statements
Common Concerns People Have
I am still seeing the doctor who hurt me. What should I do?
Your health comes first.
If you no longer trust your provider:
- Seek a second opinion
- Transfer care if needed
You have a legal right to request your medical records at any time.
Doing so does not automatically start a lawsuit.
Do I have to pay anything to start a malpractice case?
Most medical malpractice cases are handled on a contingency fee basis.
This usually means:
- No upfront legal fees
- The law firm covers investigation and expert costs
- You only pay if the case is successful
Always confirm fee details during your consultation.
Spiros Law
Major Personal Injury Lawsuits & Litigation
30+ Years of Experience
Available 24/7 by Phone, Message & In-Person
$0 Upfront Attorney’s Fee
Disclaimer: This website is for general information only and does not provide legal advice. Viewing this site or contacting Spiros Law does not create an attorney–client relationship. An attorney–client relationship is formed only by a signed written agreement. Past results do not guarantee future outcomes. Every case is different and depends on its specific facts and law. Images are for illustration purposes only. This site may be considered attorney advertising. Spiros Law practices law in Illinois.
