Patients trust surgeons with their lives, and the overwhelming majority of operations go as planned. But when a preventable surgical error occurs, the consequences can be devastating and permanent. Our Illinois surgical error lawyers represent patients who were left with lasting harm by mistakes in the operating room. Surgical errors are among the most serious cases in our Illinois medical malpractice practice, and our firm has obtained one of its largest verdicts in a wrong-site surgery case.
We focus on surgical errors that cause permanent disability or death, including:
Some surgical errors are so clearly preventable that the medical community calls them "never events," because they should never happen if proper procedures are followed. Leaving a sponge or instrument inside a patient and operating on the wrong site are leading examples. These cases often involve a breakdown in the surgical team’s counting and verification protocols, and they can require additional surgeries, cause serious infection, and leave lasting damage.
Illinois requires that a medical malpractice complaint be supported by an affidavit and a written report from a qualified health professional confirming a reasonable and meritorious basis for the claim (735 ILCS 5/2-622). The claim generally must be filed within two years of when the harm was or should have been discovered, with an outer limit of four years from the surgery (735 ILCS 5/13-212). In a retained-object case, the discovery rule can be especially important, because the object may not be found until long after the operation.
Illinois does not cap medical malpractice damages, following the Illinois Supreme Court’s decision in Lebron v. Gottlieb Memorial Hospital (2010). Compensation may include corrective surgery and future medical care, lost income and earning capacity, the cost of long-term care, and pain and suffering. When a surgical error causes permanent disability, our catastrophic injury team works to capture the full lifetime cost.
If a surgical error caused serious, lasting harm to you or a family member, contact Collins Law Group for a free, confidential consultation. We have the experience and resources to take these cases to trial. There is no fee unless we win.
A never event is a serious, largely preventable surgical error that should never occur, such as operating on the wrong body part, performing the wrong procedure, or leaving a surgical object inside a patient. Because hospitals use checklists and counts to prevent these, they are strong evidence of negligence.
Yes. Retained surgical objects often require additional surgery and can cause infection, organ damage, or chronic pain. Surgical teams are required to count instruments and sponges before and after a procedure, so a retained object usually reflects a clear breach of the standard of care.
Wrong-site and wrong-limb surgeries are among the most serious never events and can cause permanent, life-altering harm. These cases turn on the safety steps that were supposed to prevent the error, such as surgical site marking and the pre-operation "time out."
Generally two years from when you knew or should have known of the injury, with an outer limit of four years from the negligent act under 735 ILCS 5/13-212. Some situations carry shorter deadlines, so consult a lawyer promptly.
Illinois requires an affidavit and a written report from a qualified health professional confirming merit under 735 ILCS 5/2-622, and we obtain that for you. There is no cap on damages after Lebron v. Gottlieb Memorial Hospital (2010).
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