Zayed Law is proud to serve Chicago and communities across Illinois with experienced personal injury representation, including cases involving surgical errors. Patients undergoing surgery at hospitals throughout Cook County trust their surgical teams to follow established safety protocols, communicate clearly, and perform procedures with skill and care. When a surgeon or surgical team deviates from these standards, the resulting harm can require additional surgeries, extend recovery for months or years, or cause permanent disability.
Surgical errors are among the most preventable forms of medical malpractice, often traced back to a specific, identifiable breakdown in communication, planning, or technique. Zayed Law works with experienced surgical experts to investigate these cases and hold negligent surgeons and hospitals accountable.
Harmed by a surgical error at a Chicago hospital? Contact Zayed Law for the representation you deserve — no fee unless we win.
Common Types of Surgical Errors
Surgical errors can occur before, during, or after a procedure, and often result from breakdowns in planning, communication, or execution. Zayed Law investigates claims involving:
- Wrong-site surgery, including operating on the wrong body part or side
- Wrong-patient surgery
- Wrong-procedure surgery
- Leaving surgical instruments, sponges, or other objects inside a patient
- Damage to nearby organs, nerves, or blood vessels during a procedure
- Improper surgical technique
- Failure to properly plan for a patient’s specific anatomy or medical history
- Failure to obtain informed consent before a procedure
- Inadequate post-operative monitoring and care
- Failure to recognize and respond to surgical complications
- Unnecessary surgery performed based on an incorrect diagnosis
Because modern hospitals have established checklists and protocols specifically designed to prevent errors such as wrong-site surgery and retained objects, these mistakes are considered “never events” — errors that should never occur when proper procedures are followed.
Injuries Caused by Surgical Errors
The consequences of a surgical error can range from a manageable complication to a life-altering or fatal outcome, depending on the nature of the mistake. Zayed Law regularly assists clients and families dealing with:
- Internal bleeding and organ damage
- Nerve damage and chronic pain
- Infections resulting from contaminated instruments or improper sterile technique
- Need for additional corrective surgeries
- Permanent scarring or disfigurement
- Loss of function in the affected area of the body
- Extended hospitalization and recovery
- Psychological trauma related to a preventable surgical injury
- Wrongful death
Because many surgical errors are not immediately apparent, patients sometimes experience worsening symptoms or complications before the true cause of their pain is identified.
Proving a Surgical Error Claim Under Illinois Law
Illinois law requires a patient alleging a surgical error to show that a surgeon or surgical team member deviated from the accepted standard of care and that this deviation directly caused harm. These cases typically require a detailed review of operative reports, surgical checklists, and testimony from qualified surgical experts to establish exactly what should have happened and where the surgical team’s conduct fell short.
Illinois law also requires that a medical malpractice lawsuit be supported by an affidavit of merit from a qualified healthcare professional before the case can proceed. Zayed Law works with experienced surgical experts to closely review the operative record and determine whether your injury resulted from a preventable error.
Illinois’ Statute of Limitations for Surgical Error Claims
Illinois generally requires medical malpractice claims to be filed within two years of the date the injury was discovered, or reasonably should have been discovered, but no later than four years from the date of the negligent act itself. Because some surgical complications, such as a retained object or a slowly developing nerve injury, are not identified until well after the original procedure, the discovery rule can play an important role in these cases. Consulting an attorney promptly helps ensure important deadlines are not missed.
Illinois’ Modified Comparative Fault Rule
Illinois follows a modified comparative fault rule, meaning an injured patient can recover compensation as long as they are found less than 51 percent at fault for their own harm. In surgical error cases, hospital defense teams sometimes argue that a complication was a known and accepted risk of the procedure rather than the result of negligence. Strong expert testimony is essential to demonstrating that a preventable error, not an unavoidable risk, caused the injury.
What to Do If You Suspect a Surgical Error
If you are experiencing complications following surgery, taking the right steps can help protect both your health and your legal rights.
- Seek prompt follow-up medical care for any concerning symptoms
- Request complete copies of your operative and post-operative records
- Keep a written timeline of your symptoms since the surgery
- Ask your treating physicians direct questions about what may have caused your complications
- Avoid signing any statements provided by the hospital or its insurer before speaking with an attorney
The sooner Zayed Law becomes involved, the sooner we can begin reviewing your surgical records and consulting with qualified experts to evaluate your claim.
Why Chicago Patients Trust Zayed Law
Zayed Law is a nationally recognized personal injury firm known for taking on complex surgical malpractice claims that require detailed medical knowledge. Led by attorney Adam Zayed, the firm has represented injured patients throughout Cook County, including matters brought before the Cook County Circuit Court at the Richard J. Daley Center, and understands the procedural requirements unique to Illinois surgical malpractice claims.
Surgical error cases require careful review of operative reports, surgical checklists, and expert surgical opinion. Our team works to build the strongest possible case so that clients can focus on their recovery while we pursue the compensation they deserve. Consultations are always free, and there is no fee unless we win your case.
Frequently Asked Questions About Chicago Surgical Error Claims
Is every surgical complication considered malpractice?
Not necessarily. Some complications are recognized risks of surgery even when performed correctly. A claim generally requires showing that the surgical team deviated from the accepted standard of care, which is why expert medical review is essential.
What is a “never event,” and why does it matter for my case?
A never event refers to serious, preventable errors such as wrong-site surgery or leaving an instrument inside a patient — mistakes that established safety protocols are specifically designed to prevent. These events often provide strong evidence of negligence.
Why does Illinois require an affidavit of merit for these claims?
Illinois law requires a qualified healthcare professional to confirm a reasonable basis for the malpractice claim before a lawsuit can proceed, helping ensure claims are supported by credible medical review.
How long do I have to file a surgical error claim in Illinois?
Claims generally must be filed within two years of discovering the injury, but no later than four years from the date of the surgery, with the discovery rule often applying to injuries not identified right away.
What compensation might be available for a surgical error?
Depending on the case, victims may be entitled to compensation for medical expenses, additional surgeries, lost income, pain and suffering, and long-term or permanent complications.
What does it cost to hire Zayed Law?
Nothing upfront. Zayed Law handles surgical malpractice cases on a contingency fee basis, meaning there is no cost unless we recover compensation for you.
Contact Zayed Law Today
Injured patients across Chicago have trusted Zayed Law when they needed a powerful advocate after a preventable surgical error. Don’t wait — important filing deadlines could limit your right to recover. Contact Zayed Law today for your free consultation.
Visit Our Personal Injury Law Office in Chicago, IL
Zayed Law Personal Injury Attorneys
Address:
10 S La Salle St STE 1230
Chicago, IL 60603
Phone:
(312) 726-1616
Business Hours:
Monday: Open 24 hours
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
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