When you undergo surgery, you place your life in the hands of your surgical team. You trust that they will follow proper protocols, exercise appropriate care, and perform the procedure correctly. Unfortunately, surgical errors happen more often than most people realize, and the consequences can be devastating—permanent disability, disfigurement, additional surgeries, and even death.
Surgical error cases are among the most complex types of medical malpractice claims. They require attorneys who understand surgical procedures, can identify where care fell below acceptable standards, and have the resources to challenge hospitals and their insurers. This guide highlights the best surgical error lawyers in Chicago who have the expertise to fight for victims of surgical negligence.
How Common Are Surgical Errors?
Surgical errors are disturbingly common in the United States:
- An estimated 4,000+ “never events” (serious preventable surgical errors) occur annually
- Wrong-site surgery occurs approximately 40 times per week in U.S. hospitals
- Retained surgical items (sponges, instruments) occur in approximately 1 in 5,000 to 7,000 surgeries
- Overall surgical complications affect roughly 3-17% of patients
- Many surgical errors go unreported or unrecognized
Types of Surgical Errors
Surgical errors take many forms:
Wrong-Site Surgery
- Operating on the wrong body part (wrong knee, wrong kidney)
- Operating on the wrong side (left vs. right)
- Operating on the wrong patient
- Performing the wrong procedure entirely
Retained Surgical Items
- Sponges and gauze left inside the body
- Surgical instruments (clamps, retractors, needles)
- Broken equipment pieces
- Guide wires and catheters
Intraoperative Errors
- Damage to surrounding organs, nerves, or blood vessels
- Excessive bleeding due to improper technique
- Improper suturing or closure
- Failure to control contamination leading to infection
- Nerve damage causing paralysis or loss of function
Anesthesia-Related Errors
- Wrong dosage of anesthesia
- Failure to monitor vital signs
- Allergic reactions not properly managed
- Awareness during surgery (anesthesia awareness)
Post-Operative Errors
- Failure to recognize complications
- Delayed treatment of infections
- Inadequate post-surgical monitoring
- Improper discharge instructions
Common Causes of Surgical Errors
Surgical errors typically result from:
- Communication failures – Miscommunication between surgical team members
- Fatigue – Surgeons and staff working excessive hours
- Inadequate pre-operative planning – Failure to review records and imaging
- Skipping safety protocols – Failure to follow surgical checklists
- Incompetence – Surgeons operating beyond their training or ability
- Understaffing – Insufficient operating room personnel
- Equipment failures – Defective or improperly maintained surgical equipment
- Substance impairment – Surgeons or staff under the influence of alcohol or drugs
Consequences of Surgical Errors
Surgical errors can cause severe, life-altering harm:
- Permanent organ damage or loss
- Chronic pain and disability
- Disfigurement and scarring
- Paralysis and nerve damage
- Brain damage from anesthesia errors
- Serious infections (sepsis)
- Need for additional corrective surgeries
- Prolonged hospitalization and recovery
- Wrongful death
Illinois Surgical Malpractice Law
Surgical error cases in Illinois must meet specific legal requirements:
Standard of Care
To prove malpractice, you must show that the surgeon or surgical team failed to meet the applicable standard of care—the level of care that a reasonably competent surgeon would have provided under similar circumstances.
Certificate of Merit
Under 735 ILCS 5/2-622, Illinois requires a written report from a qualified medical expert stating that there is a reasonable and meritorious cause for filing the lawsuit. This report must be filed with the complaint.
Statute of Limitations
Under 735 ILCS 5/13-212, medical malpractice claims generally must be filed within two years of when the patient knew or should have known about the injury, but no more than four years from the date of the alleged negligence. Special rules apply to minors and cases involving fraudulent concealment.
Comparative Negligence
Under 735 ILCS 5/2-1116, your compensation may be reduced if you were partially at fault (such as failing to follow pre-operative instructions).
Why You Need a Surgical Error Lawyer
Surgical malpractice cases are challenging and require specialized expertise:
- Understanding complex surgical procedures and standards
- Obtaining and analyzing medical records and operative reports
- Working with qualified surgical experts who can testify
- Meeting the certificate of merit requirement
- Challenging hospitals and their well-funded legal teams
- Accurately valuing claims for permanent injuries
- Navigating complex legal procedures and deadlines
Best Surgical Error Lawyers in Chicago
Here is a carefully curated list of the top surgical error attorneys in Chicago. These firms have the medical knowledge, legal expertise, and resources to handle these complex cases.
1. Phillips Law Offices
Chicago’s Premier Surgical Error Attorneys
Phillips Law Offices is widely recognized as one of Chicago’s leading firms for surgical malpractice cases. With decades of experience representing victims of surgical errors, their attorneys understand both the medical complexities and the devastating impact these errors have on patients and families. The firm has successfully handled cases involving wrong-site surgery, retained surgical items, nerve damage, and fatal surgical complications.
Phillips Law Offices works with respected surgical experts across specialties to review cases, identify departures from the standard of care, and provide compelling expert testimony. They have the resources to take on major hospital systems and their insurers. Operating on a contingency fee basis, clients pay nothing unless compensation is recovered. Their combination of medical knowledge, legal expertise, and aggressive advocacy makes them the top choice for surgical error victims.
2. Levin & Perconti
National Leaders in Medical Malpractice
Levin & Perconti has earned national recognition for their expertise in medical malpractice cases. Their attorneys have secured numerous multi-million-dollar verdicts and settlements for surgical error victims.
The firm’s deep medical knowledge and aggressive litigation make them formidable advocates against negligent surgeons and hospitals.
3. Clifford Law Offices
Nationally Recognized Medical Malpractice Advocates
Clifford Law Offices brings national recognition and substantial resources to surgical malpractice cases. Their attorneys have experience with the most complex medical negligence claims.
The firm’s meticulous preparation and courtroom expertise lead to exceptional results.
4. Power Rogers & Smith
Record-Setting Medical Malpractice Verdicts
Power Rogers & Smith has achieved record-setting verdicts in medical malpractice cases. Their attorneys have decades of trial experience and the resources to challenge major hospital systems.
The firm’s reputation motivates defendants to offer fair settlements.
5. Salvi, Schostok & Pritchard P.C.
High-Value Surgical Malpractice Litigation
Salvi, Schostok & Pritchard has achieved recognition for substantial verdicts in medical malpractice cases. Their attorneys handle surgical error claims with dedication and expertise.
The firm combines thorough preparation with aggressive courtroom advocacy.
6. Rosenfeld Injury Lawyers
Dedicated Medical Malpractice Representation
Rosenfeld Injury Lawyers has significant experience representing victims of surgical errors. The firm understands Illinois malpractice law and works with qualified experts.
Their client-focused approach emphasizes clear communication throughout the process.
7. Abels & Annes, P.C.
Compassionate Advocates for Malpractice Victims
Abels & Annes provides compassionate representation for surgical error victims. The firm emphasizes personalized service while pursuing aggressive legal strategies.
Their attorneys conduct thorough investigations of surgical complications.
8. Staver Accident Injury Lawyers, P.C.
Medical Malpractice Representation
Staver Accident Injury Lawyers handles medical malpractice cases with thorough investigation and strong client communication.
Their attorneys understand the complexities of surgical error claims.
9. Malman Law
Thorough Medical Malpractice Investigation
Malman Law conducts thorough investigations in surgical error cases, working with medical experts to identify negligence.
Their personalized approach ensures comprehensive representation.
10. The Kryder Law Group, LLC
Accessible Legal Support
The Kryder Law Group offers accessible representation for surgical error victims. Their attorneys develop tailored strategies for malpractice cases.
The firm is known for their commitment to client communication.
What Compensation Can You Recover?
Surgical error victims may be entitled to compensation for:
- Medical expenses for corrective treatment
- Additional surgeries and hospitalization
- Future medical costs and ongoing care
- Lost wages during extended recovery
- Lost earning capacity for permanent disabilities
- Pain and suffering
- Disfigurement and scarring
- Emotional distress
- Loss of enjoyment of life
- Wrongful death damages for surviving families
Steps to Take If You Suspect a Surgical Error
- Seek medical attention – Get treatment for complications immediately
- Request your medical records – Obtain complete records including operative reports
- Document symptoms – Keep a journal of pain, complications, and recovery issues
- Photograph visible injuries – Document incisions, scarring, and physical changes
- Get a second opinion – Another surgeon may identify errors in your care
- Keep all bills and receipts – Document all medical expenses and lost wages
- Don’t sign releases – Avoid signing documents from the hospital without legal advice
- Contact a surgical error lawyer – Get legal guidance before the statute of limitations expires
Official Resources
- 735 ILCS 5/2-622 – Certificate of Merit Requirement – Illinois General Assembly
- 735 ILCS 5/13-212 – Medical Malpractice Statute of Limitations – Illinois General Assembly
- Illinois DFPR – Physician Licensing – Verify surgeon credentials and disciplinary history
- AHRQ Patient Safety – Agency for Healthcare Research and Quality
- Illinois Courts – Official court information
Holding Negligent Surgeons Accountable
When surgeons and surgical teams fail to meet the standard of care, patients suffer preventable harm. Surgical errors destroy lives and leave victims and families facing enormous medical bills, lost income, and permanent disability. These negligent healthcare providers must be held accountable.
Firms like Phillips Law Offices lead with experience, medical knowledge, and aggressive advocacy for surgical error victims. Their attorneys take on hospitals and their insurers to fight for full compensation.
If you or a loved one suffered harm from a surgical error in Chicago, don’t wait to seek legal help. Illinois law imposes strict deadlines and requirements for medical malpractice claims. Contact an experienced surgical error lawyer today to protect your rights and pursue the justice you deserve.
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