What Is Medical Malpractice?

Medical malpractice is a form of professional negligence that occurs when a healthcare provider fails to deliver care that meets the standards expected in their field, and a patient is injured or killed as a result. These standards are based on what a reasonably skilled and competent medical professional would do under similar circumstances. When a provider’s actions — or inactions — fall short of this standard and cause harm, the law provides patients and families the right to pursue compensation.

This form of malpractice can arise during any phase of care, including diagnosis, surgery, treatment, medication management, or recovery. While all medical treatments involve some risk, malpractice refers to avoidable errors — mistakes that would not have occurred if appropriate protocols had been followed. This may include failing to diagnose a life-threatening illness, performing surgery on the wrong part of the body, administering a drug despite a known allergy, or discharging a patient from the emergency room without proper evaluation.

What makes medical malpractice especially harmful is that it often occurs when patients are at their most vulnerable. The emotional, physical, and financial impact can be profound — not just for the individual, but for their families as well. In Illinois, victims of medical negligence have the legal right to hold providers accountable and pursue compensation for the damages they’ve suffered.

At Hurley McKenna & Mertz, P.C., we specialize in representing individuals and families who have been seriously harmed by medical errors. With decades of experience and a record of multi-million dollar verdicts, our attorneys are trusted advocates in the fight for accountability and justice.

Our Medical Malpractice Practice Areas

We handle complex cases across multiple categories of malpractice, including:

1. Diagnostic Malpractice

Delayed diagnosis, misdiagnosis, and failure to diagnose life-threatening conditions like cancer, stroke, or infections.

2. Medication Malpractice

Harm caused by prescription errors, dangerous drug interactions, allergic reactions, and dosage mistakes.

3. Surgical Malpractice

Surgical errors including wrong-site surgery, retained surgical instruments, anesthesia mistakes, and postoperative infections.

4. Birth Care Malpractice

Negligence during pregnancy, labor, or delivery resulting in conditions such as cerebral palsy, Erb’s palsy, or maternal injury.

5. Emergency Room Malpractice

Failure to triage, delayed care, misdiagnosis in high-pressure ER settings, or improper patient discharge.

6. Wrongful Death Due to Medical Malpractice

Fatal outcomes resulting from preventable medical negligence, including surgical errors, medication overdoses, or failure to treat.

7. General Medical Malpractice

Claims involving systemic errors, institutional negligence, or multiple providers across a continuum of care.

Do I Have a Medical Malpractice Case?

To bring a successful malpractice claim in Illinois, you generally must prove the following:

1. A provider-patient relationship existed.

2. The provider breached the standard of care.

3. That breach caused the injury or death.

4. You suffered damages — such as medical bills, lost income, long-term care needs, or emotional trauma.

Most cases require a sworn affidavit from a qualified medical expert who can explain how the care you received deviated from accepted standards.

Illinois Statute of Limitations for Medical Malpractice

Under 735 ILCS 5/13-212 the Illinois Statute of Limitations indicate:

• You have 2 years from the date you knew or should have known of the injury.

• Special rules apply to minors and legally disabled patients, allowing more time to file.

• You should consult with an experienced medical malpractice attorney to learn the Statute of Limitations which may apply to your case.

Why Choose Hurley McKenna & Mertz, P.C.?

With over 35 years of experience and a reputation for courtroom success, our attorneys are nationally recognized for handling some of the most complex and high-stakes medical malpractice cases in Illinois.

We have the resources, network of experts, and legal skill to take on hospitals, insurance companies, and large healthcare systems — and win. Whether your case involves a missed cancer diagnosis, a fatal surgical mistake, or a preventable birth injury, we’re here to help you recover what you deserve.

Speak With a Chicago Medical Malpractice Lawyer Today

If you or a loved one has been harmed by negligent medical care, don’t wait. Contact Hurley McKenna & Mertz, P.C. today for a free consultation. Let us help you understand your legal rights and pursue justice.

Representing patients and families throughout Chicago, Cook County, the state of Illinois and across America.