When Can You Sue a Doctor or Hospital for Medical Malpractice?

 Posted on November 22, 2025 in Medical Malpractice

Not every bad medical outcome in 2025 is malpractice. But when medical professionals make careless mistakes that harm you, Illinois law gives you the right to sue for compensation.

Many people who have had terrible experiences with the American healthcare system wonder if they can take legal action. If this sounds like you, talk to our Lake Zurich, IL personal injury attorneys. We can help you understand your options and fight for justice from a system that, all too often, hurts patients instead of helping them.

What Is Considered Medical Malpractice Under Illinois Law?

Medical malpractice happens when a doctor, nurse, hospital, or other healthcare provider fails to provide the standard of care that a good medical professional would provide under similar circumstances.

"Standard of care" means the level of skill, care, and treatment that a reasonably qualified medical care provider in the same field of medicine would provide. A family doctor is held to a different standard than a brain surgeon. The standard also depends on current medical knowledge and practice at the time of treatment. 

You must prove four elements to win a medical malpractice case. First, you have to show that the healthcare provider owed you a duty of care. This exists when you are their patient. Second, the healthcare provider breached that duty by providing substandard care. Third, their breach caused your injury. Fourth, you suffered damages as a result – in other words, you must show that you suffered real harm. Close calls and mistakes without consequences usually do not result in successful lawsuits. 

What Are Common Kinds of Medical Malpractice?

Surgical errors are among the most obvious malpractice cases. Surgeons who operate on the wrong body part, leave instruments inside patients, damage organs they were not supposed to touch, or make other serious mistakes during surgery can be liable. 

Misdiagnosis or delayed diagnosis causes serious harm when patients do not get timely treatment. Medication errors happen when healthcare providers prescribe the wrong drug, give the wrong dosage, fail to check for dangerous drug interactions or patient allergies, or administer medication incorrectly.

Birth injuries to mothers or babies during pregnancy, labor, or delivery can result from malpractice. Failure to obtain informed consent is malpractice when doctors perform procedures without adequately explaining the risks.

How Long Do You Have to File a Medical Malpractice Lawsuit?

According to 735 ILCS 5/13-212, Illinois gives you two years from the date you knew or should have known about the injury to file a medical malpractice lawsuit. The clock starts when you discover the injury and its connection to medical care, not necessarily when the malpractice occurred.

What Damages Can You Recover for a Medical Malpractice Case?

Medical malpractice cases can result in significant compensation for your losses:

• Medical expenses cover all costs of treating injuries caused by malpractice, including emergency care, hospitalization, surgery, medication, rehabilitation, and future medical care.

• Lost wages compensate for time missed from work and lost earning capacity if the malpractice caused permanent disability.

• Pain and suffering addresses the physical pain and emotional distress the malpractice caused.

• Punitive damages may be available in cases of especially egregious conduct when healthcare providers act with willful and wanton conduct or intentional disregard for patient safety.

Call a Lake Zurich, IL Medical Malpractice Attorney Today

Our local father and daughter team has over 25 years of combined personal injury law experience. We understand how to navigate complex medical malpractice cases and fight for patients who have been harmed by substandard medical care. Contact Premier Illinois Injury Lawyers at 847-796-8448 for a free consultation with a Lake County medical malpractice lawyer about your case. We work on a contingency fee basis, so you pay nothing unless we recover compensation for you.