Written by Editorial disclosure: This website is owned and operated by Phillips Law Offices. The firms listed on this site are selected and described by the site’s editors, not by an independent third-party rating service. Phillips Law Offices is featured prominently as the site’s owner.
Hospitals are supposed to be places of healing, where patients receive quality care from trained professionals. Unfortunately, hospital negligence is far too common, causing thousands of preventable injuries and deaths each year. From understaffing and inadequate training to infection control failures and equipment malfunctions, hospitals can be liable when their systemic failures harm patients.
Hospital negligence cases differ from individual physician malpractice claims. They focus on the institution’s failures: policies, procedures, staffing, supervision, and systems that fell below acceptable standards. This guide highlights a hospital negligence lawyer in Chicago who can hold these powerful institutions accountable.
Types of Hospital Negligence
Staffing Failures
- Understaffing – Insufficient nurses, physicians, or support staff
- Inadequate training – Staff not properly trained for their responsibilities
- Negligent hiring – Employing unqualified or dangerous personnel
- Failure to supervise – Inadequate oversight of staff performance
- Fatigue – Overworked staff making errors due to exhaustion
Infection Control Failures
- Hospital-acquired infections (HAIs) – MRSA, C. diff, sepsis
- Poor sanitation – Inadequate cleaning and disinfection
- Improper sterile technique – Contaminated equipment or procedures
- Failure to isolate – Not separating infectious patients
Medication Errors
- Wrong medication administered
- Incorrect dosage
- Failure to check for allergies or interactions
- Pharmacy dispensing errors
- Poor medication reconciliation
Equipment and Facility Failures
- Defective or poorly maintained medical equipment
- Unsafe premises conditions
- Power failures affecting critical equipment
- Fire safety violations
Patient Safety Failures
- Falls – Failure to prevent patient falls
- Pressure ulcers – Bedsores from inadequate repositioning
- Elopement – Patients wandering and injuring themselves
- Suicide – Failure to protect at-risk patients
Communication Failures
- Handoff errors between shifts or departments
- Failure to communicate critical test results
- Inadequate patient identification procedures
- Language barriers not addressed
Hospital-Acquired Infections
According to the CDC, hospital-acquired infections affect approximately 1 in 31 hospital patients on any given day. Common HAIs include:
- Surgical site infections – Infections at incision sites
- Central line-associated bloodstream infections (CLABSI)
- Catheter-associated urinary tract infections (CAUTI)
- Ventilator-associated pneumonia (VAP)
- Clostridioides difficile (C. diff) infections
- MRSA and other antibiotic-resistant infections
Many HAIs are preventable with proper protocols. When hospitals fail to follow infection control standards, they can be held liable.
Hospital Liability Theories
Direct Negligence
Hospitals can be directly liable for their own failures:
- Negligent policies and procedures
- Negligent staffing decisions
- Negligent credentialing (granting privileges to unqualified physicians)
- Negligent maintenance of facilities and equipment
Vicarious Liability
Under the doctrine of respondeat superior, hospitals are liable for the negligence of their employees (nurses, technicians, employed physicians).
Apparent Agency
Even when physicians are independent contractors, hospitals may be liable if patients reasonably believed the physician was a hospital employee.
Illinois Hospital Negligence Law
Certificate of Merit
Under 735 ILCS 5/2-622, a qualified expert must certify that malpractice occurred.
Statute of Limitations
Under 735 ILCS 5/13-212, claims must be filed within two years of discovery, but no more than four years from the alleged negligence.
No Damage Caps
Illinois does not cap compensatory damages in medical malpractice cases following the 2010 Illinois Supreme Court decision in Lebron v. Gottlieb Memorial Hospital.
How to Compare Firms
There is no objective ranking of the “best” injury lawyer in Chicago, and you should be sceptical of any list that claims otherwise — including lists published by law firms themselves. What does exist is a set of questions that reliably separate a firm that will do the work from one that will not. Ask each firm you speak to:
- Who will actually handle my file? The lawyer in the advertisement is often not the lawyer doing the work. Ask for the name of the person who will run your case and how often you will hear from them.
- How many cases like mine have you taken to trial? Settlement value is influenced by whether the other side believes you will try the case. A firm that never tries cases negotiates from a weaker position.
- What is your fee, and what happens to costs if we lose? Contingency fees are standard, usually around one third. Case costs — filing fees, expert witnesses, medical records — are a separate question, and you should get a clear written answer about who pays them if the case does not succeed.
- What is my deadline? A firm that cannot tell you which limitations period applies to your specific facts is not the right firm. Some Illinois deadlines are one year, not two.
- What is this case realistically worth, and why? Be wary of a number promised at the first meeting, before anyone has reviewed your medical records.
Where Phillips Law Offices Fits
A disclosure, because it matters when you are weighing this advice: this guide is published by Phillips Law Offices, and we are one of the firms you could hire. We have handled Illinois injury cases since 1945 and we work on contingency, so there is no fee unless we recover for you. You should still do exactly what this guide recommends and speak to more than one firm before signing anything. Most reputable firms, ours included, offer a free consultation precisely so you can compare.
If you want to talk it through, call (312) 346-4262 or request a free case review. Prior results do not guarantee a similar outcome; every case depends on its own facts.
What Compensation Can You Recover?
- Additional medical expenses from negligent care
- Future medical costs
- Lost wages and earning capacity
- Pain and suffering
- Permanent disability
- Disfigurement (from infections, failed surgeries)
- Emotional distress
- Wrongful death damages
Official Resources
- 735 ILCS 5/2-622 – Certificate of Merit Requirement
- 735 ILCS 5/13-212 – Medical Malpractice Statute of Limitations
- CDC Healthcare-Associated Infections
- Illinois Department of Public Health
- Illinois Courts
Holding Hospitals Accountable
When hospitals prioritize profits over patient safety, when they understaff units, when they fail to follow infection control protocols, patients suffer preventable harm. These powerful institutions must be held accountable.
Firms like Phillips Law Offices have the experience and resources to take on major hospital systems. If you or a loved one suffered harm from hospital negligence, contact an experienced attorney today.
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This guide is part of our Hiring a Chicago Injury Lawyer section, where you can find every related guide on this site.
More Illinois Injury Guides
- How to Choose a Medication Error Lawyer in Chicago
- How to Choose a Brain Injury and TBI Lawyer in Chicago
- How to Choose a Burn Injury Lawyer in Chicago
Attorney Advertising. This article provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and outcomes depend on the specific facts of your case — speak to a licensed Illinois attorney about your situation. Contingency fees cover legal fees only. Clients may remain responsible for case costs and expenses such as filing fees, expert witnesses, and medical records; ask any firm to put its cost policy in writing.
