When you seek medical care, you have the right to expect that doctors, nurses, hospitals, and other healthcare professionals will provide treatment that helps instead of hurting you. Unfortunately, medical errors can and do happen, causing serious, preventable injuries.
Medical negligence can occur during diagnosis, treatment, surgery, medication administration, childbirth, or virtually any other stage of medical care. A mistake may leave a patient with a new medical condition, a worsened illness, permanent disability, or a fatal injury. In these situations, an Illinois medical negligence attorney can fight to help you get the compensation that you deserve for your losses.
At Mixan Mahony, our personal injury lawyers in Chicago represent patients and families pursuing compensation for injuries caused by negligent medical care. Our attorneys investigate the circumstances of your case, work with appropriate medical experts, identify potentially responsible parties, and pursue the compensation that our clients are entitled to under Illinois law. Contact our law offices today to schedule a free consultation with a Chicago medical negligence lawyer.
When medical trust is broken, your family deserves answers and justice. Call us now at (312) 262-3971 or contact us.
What Is Medical Negligence?

Medical negligence occurs when a healthcare provider fails to act with the level of care that a reasonably careful healthcare professional would have provided under similar circumstances, and that failure causes injury. Importantly, not every unsuccessful medical outcome is a result of negligence.
Medical care involves risks, complications, and conditions that may worsen despite appropriate treatment. To be considered medical negligence, a patient must establish more than the fact that the treatment did not produce the expected result. Instead, they will have to demonstrate that the medical professional failed to meet the standard of care in some way.
A medical negligence case may involve questions such as:
- Did the healthcare provider depart from the applicable standard of care?
- Should the provider have recognized a patient’s symptoms sooner?
- Was the correct diagnostic testing ordered?
- Was the patient’s condition properly monitored?
- Was the appropriate treatment provided?
- Did the provider adequately communicate important risks?
- Was the correct medication prescribed and administered?
- Did the provider respond appropriately to complications?
- Did the negligent conduct cause an injury or worsen an existing condition?
The answers to these questions depend on the individual circumstances of the case. If you think that you may have been a victim of medical negligence, you can schedule a free initial consultation with our law firm. Our Illinois medical negligence attorneys will listen to your story and offer you advice on your legal rights and options.
Common Types of Medical Negligence
Medical negligence can happen in many different healthcare settings and can involve a wide range of errors. Some of the cases our attorneys handle involve:
Misdiagnosis and Delayed Diagnosis
A timely and accurate diagnosis can be critical to successful treatment. When a healthcare provider fails to recognize symptoms or order appropriate testing, a serious condition may go untreated. Diagnostic negligence may involve:
- Failing to recognize warning signs
- Misinterpreting test results
- Failing to order appropriate diagnostic tests
- Delaying a referral to a specialist
- Failing to follow up on abnormal results
- Diagnosing the wrong medical condition
- Failing to communicate a diagnosis to the patient
A delayed diagnosis of cancer, stroke, heart attack, infection, or another serious condition can allow an illness to progress and make treatment more difficult. In some cases, a delayed or missed diagnosis can be fatal.
Surgical Errors
Surgery carries inherent risks, but some surgical injuries result from preventable mistakes. Potential surgical negligence may include:
- Operating on the wrong patient
- Performing surgery on the wrong body part
- Leaving an object inside a patient’s body
- Causing preventable damage to organs, tissue, or nerves
- Performing an inappropriate procedure
- Failing to recognize complications
- Failing to properly monitor a patient after surgery
- Administering improper anesthesia
An investigation is necessary to determine whether a surgical complication was an unavoidable risk or resulted from a departure from the appropriate standard of care.
Medication Errors
Patients depend on healthcare providers to prescribe, administer, and monitor medications appropriately. Medication mistakes can cause serious injuries, particularly when a patient receives a medication that is contraindicated or receives the wrong dose. Medication negligence can involve:
- Prescribing the wrong medication
- Administering the wrong medication
- Prescribing an incorrect dosage
- Failing to account for allergies
- Failing to recognize dangerous drug interactions
- Failing to review a patient’s medical history
- Failing to monitor for adverse reactions
- Failing to provide appropriate medication instructions
A medication error may happen at a hospital, doctor’s office, pharmacy, nursing facility, or other healthcare setting.t, special education services, and other forms of support.
Birth Injuries and Obstetric Negligence
Pregnancy and childbirth require careful monitoring of both the mother and baby. Medical negligence before or during delivery can result in severe injuries. Potential examples include:
- Failure to recognize fetal distress
- Failure to properly monitor fetal heart rate
- Delayed response to complications
- Failure to perform an appropriate emergency C-section
- Improper use of forceps or vacuum devices
- Failure to recognize maternal complications
- Medication errors during labor
- Failure to respond to signs of oxygen deprivation
Birth injuries can have lifelong consequences. A child who suffers a birth injury may require extensive medical care, therapy, assistive equipment, special education services, and other forms of support.
Anesthesia Errors
Anesthesia requires careful preparation, administration, and monitoring. Mistakes involving anesthesia can result in brain injuries, organ damage, nerve injuries, respiratory complications, or even death. Potential negligence may include administering an improper dose, failing to review a patient’s medical history, failing to recognize a patient’s reaction to anesthesia, or inadequate monitoring during or after a procedure.
Hospital Negligence
Hospitals are complex organizations that employ a range of healthcare professionals, including physicians, nurses, technicians, administrators, and others. Medical negligence may arise from the conduct of an individual provider or from broader problems involving the hospital itself. Hospital-related negligence may include:
- Inadequate patient monitoring
- Poor communication between healthcare providers
- Failure to respond to changes in a patient’s condition
- Medication administration errors
- Inadequate staffing
- Failure to follow appropriate procedures
- Inadequate infection prevention
- Failure to properly supervise employees
- Failure to maintain necessary equipment
- Delayed treatment
Determining who is legally responsible for medical negligence can sometimes be complicated. Physicians and other medical professionals working in hospitals may be employees, independent contractors, or have a different relationship with the facility. Our Chicago medical negligence lawyers examine the relationships between the healthcare providers involved and the institution where the treatment occurred to determine which parties may potentially be liable.
Emergency Room Medical Negligence
Emergency departments treat patients with serious and sometimes rapidly changing conditions. Providers must make important decisions under pressure while still meeting applicable standards of care. Emergency room negligence can involve:
- Failing to properly triage a patient
- Failing to recognize a heart attack or stroke
- Failing to diagnose internal bleeding
- Failing to recognize sepsis
- Discharging a patient prematurely
- Failing to monitor a patient’s changing condition
- Failing to consult an appropriate specialist
Because emergency room patients often arrive without a complete medical history, determining whether appropriate care was provided requires a careful review of medical records and the circumstances.careful review of medical records and the circumstances.
Failure to Monitor a Patient
Healthcare providers must monitor patients appropriately based on their medical conditions and treatments. Failure to monitor may occur when a hospital or provider fails to:
- Check vital signs at appropriate intervals
- Monitor medication effects
- Respond to abnormal test results
- Recognize changes in a patient’s condition
- Follow up after a procedure
- Reassess a patient after treatment
- Escalate care when a patient’s condition worsens
A patient’s condition can deteriorate quickly. Delays in recognizing and responding to those changes may result in preventable complications.s a careful review of medical records and the circumstances.
Hospital-Acquired Infections
An infection acquired in a healthcare setting can be particularly dangerous to individuals with weakened immune systems, hospitalized patients, and surgical patients. Healthcare facilities are expected to follow appropriate infection-control procedures. Depending on the circumstances, negligence may involve failures related to sanitation, sterilization, hand hygiene, wound care, equipment, isolation procedures, or other infection-prevention measures. An infection does not automatically prove medical negligence. Our attorneys examine the patient’s medical history, the circumstances of the infection, applicable procedures, and available evidence to determine whether negligence may have contributed to the injury.
How Medical Negligence Claims Work in Illinois
Medical negligence claims can be more complicated than many other personal injury cases because they require specialized medical evidence. Generally, a patient must establish that the healthcare provider owed them a duty of care, failed to provide the required standard of care, and caused an injury as a result of this failure.
Illinois law also imposes specific requirements on medical malpractice claims that go beyond the requirements for typical personal injury claims. This includes a requirement that a lawyer consult with a qualified medical expert and submit an Affidavit of Merit. This affidavit confirms that the attorney has consulted with a medical expert about the claim and must include a report from the expert stating that there is a “reasonable and meritorious” cause for the lawsuit.
These requirements make it all the more important that you consult with a medical negligence lawyer early in the process. Your lawyer must perform an investigation and find a medical expert to provide an informed opinion before they can file a lawsuit against the at-fault medical provider.
Your lawyer will work hard to establish your right to compensation in a medical negligence case. This may include:
Proving Medical Negligence
Medical records provide the foundation for many medical negligence investigations, but records alone might not answer every question. Our attorneys may examine:
- Physician notes
- Nursing records
- Medication records
- Laboratory results
- Imaging studies
- Operative reports
- Hospital policies
- Anesthesia records
- Communications between providers
- Discharge instructions
- Billing records
- Prior medical records
- Follow-up treatment records
We will also consult with qualified medical professionals who can evaluate whether the treatment met the applicable standard of care and whether the alleged medical negligence caused the patient’s injury.
Establishing Causation
Showing that a mistake occurred isn’t enough. A medical negligence claim requires evidence that connects the negligent conduct to the patient’s injury. For example, consider a situation where a physician fails to diagnose a condition promptly. The case may require medical evidence demonstrating that earlier diagnosis and treatment would more likely than not have produced a different outcome. Causation can be particularly challenging when a patient already has a serious illness or multiple medical conditions. Our attorneys work to distinguish the harm caused by the underlying condition from additional harm caused by medical negligence.
Proving Damages
Medical negligence can result in substantial financial and personal losses. Depending on the circumstances, compensation may include money for:
- Past medical expenses
- Future medical expenses
- Rehabilitation
- Physical therapy
- Prescription medications
- Medical equipment
- Lost wages
- Reduced earning capacity
- Physical pain and suffering
- Emotional distress
- Disability or disfigurement
- Reduced quality of life
Our Illinois medical negligence attorneys will work with experts and gather documentation to support a claim for full compensation.
Contact Mixan Mahony to Talk to a Medical Negligence Lawyer

When medical care causes an unexpected injury, determining whether negligence occurred can be difficult. You may have questions about what went wrong, who was responsible, whether the injury could have been prevented, and whether you have the right to seek compensation. Our law firm is here to help.
Mixan Mahony represents individuals and families pursuing personal injury claims involving medical negligence, medical malpractice, surgical errors, misdiagnosis, medication errors, birth injuries, hospital negligence, and other forms of negligent healthcare. If you believe that you were harmed because of medical negligence, our team can review the circumstances of your case, explain your potential legal options, and help you determine the best course of action. Reach out to our law offices today at 312-262-3971 or fill out our online contact form to schedule a free consultation with a Chicago medical negligence lawyer.













