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"My Injury Guy" Scott DeSalvo
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Oak Brook Medical Malpractice Lawyer – I Fight for You 24/7

When Doctors Screw Up, Someone Needs to Answer for It

I met with a woman named Janet a few months back. We grabbed coffee near Oakbrook Center because she was too shaken up to come to an office. She told me about her gallbladder surgery that went sideways. The surgeon nicked an artery during the procedure. Instead of fixing it right then and there, they patched her up and sent her home. Twelve hours later, she's back in the ER because she'd lost so much blood she almost died.

You know what the hospital told her? "Complications happen."

That's it. Like it was just bad luck or something. Their lawyers offered her a settlement that wouldn't even touch her medical bills, never mind the fact that she can't work the same way anymore.

This is the garbage I see every week. Doctors make mistakes. Hospitals cover their tracks. Insurance companies lowball victims and hope they'll just take whatever they're offered and go away quietly.

I'm telling you this because you need to know something: you don't have to put up with it.

When a doctor's screw-up destroys your health or kills someone you love, you've got every right to make them pay for it. That's what I do. I've been handling medical malpractice cases in Oak Brook and all over DuPage County for years, and I know exactly how these hospitals and their lawyers operate.

Here's the deal with medical malpractice cases—they're a pain. They're complicated, they're expensive to fight, and the whole system is basically set up to protect doctors instead of patients. Healthcare companies have money coming out of their ears and entire law firms on retainer just to deny claims.

That's why most people give up or settle for pennies on the dollar. The hospitals count on it.

But I don't work that way. I take these cases on contingency, which means you don't pay me a dime unless I win. Zero out of pocket. And I'm not some 9-to-5 lawyer. You can call me at two in the morning if you need to talk. I mean that. I answer my phone because I know that when something goes wrong medically, you don't wait until Monday at 9 AM to start worrying about it.

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So What Actually Is Medical Malpractice?

People call me all the time asking if they have a case. Sometimes they do, sometimes they don't. Not every bad outcome means a doctor committed malpractice. Medicine's complicated. Sometimes things go wrong even when everyone does their job right.

But here's where the line is: medical malpractice happens when a healthcare provider doesn't meet the standard of care and you get hurt because of it.

In regular words, that means a doctor, nurse, or hospital did something—or didn't do something—that any decent medical professional would've handled differently.

Take that surgeon who nicked Janet's artery. That can happen. Even good surgeons sometimes hit something they shouldn't. It's what happened after that makes it malpractice. Sending her home without watching her properly? That's below the standard of care. That's where the lawsuit comes from.

To win a medical malpractice case in Oak Brook, we've got to prove four things:

  1. There was a doctor-patient relationship. Pretty straightforward. If they treated you, you've got a relationship.
  2. The doctor or hospital breached the standard of care. This is the technical part. We need medical experts to explain what should've happened versus what actually happened. I work with doctors who aren't afraid to call out other doctors when they see negligence.
  3. That screw-up directly caused your injury. Would you have gotten hurt if the doctor had done their job right? If not, we've got something.
  4. You suffered real damages. Medical bills, lost paychecks, pain, disability, lost quality of life. We document every bit of it, including what you're going to need down the road.

Illinois law makes these cases harder than they should be. There are time limits, expert requirements, and a whole bunch of legal hoops designed to protect doctors. The hospitals know this. They're betting you won't understand your rights or that you'll give up because it seems too complicated.

That's where I come in. I handle the complicated parts. You just worry about getting better.

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The Kinds of Medical Malpractice I Deal With

I've seen pretty much every type of medical negligence there is. Some cases keep me up at night because they're so preventable. Here's what I handle most often:

Surgical Mistakes

Surgery's always risky. Patients know that going in. But some mistakes are just flat-out inexcusable.

Wrong-site surgery. Yeah, that actually happens. Doctors operate on the wrong leg, the wrong kidney, the wrong side of the body. Leaving surgical tools inside people. Damaging organs or nerves because someone wasn't paying attention. Anesthesia errors that cause brain damage.

I had a client in Oak Brook who went in for a basic hernia repair at a hospital in Hinsdale. Simple procedure. He woke up with permanent nerve damage in his leg because they positioned him wrong on the operating table and nobody caught it during the entire surgery.

These cases make me furious because hospitals have checklists and protocols specifically to prevent this stuff. When they don't follow them and somebody gets hurt, I make sure there are consequences.

Misdiagnosis and Missed Diagnosis

Time matters in medicine. A lot. When doctors miss cancer, brush off heart attack symptoms as heartburn, or don't recognize stroke warning signs, people die. Or they end up disabled when they didn't have to be.

I had a case where a woman kept going back to her Oak Brook doctor complaining about symptoms. Classic ovarian cancer symptoms. Her doctor told her she was stressed and should try yoga. I'm not making that up. By the time she saw a different doctor who actually ran tests, the cancer had spread everywhere. She died less than two years later. Left behind a husband and three kids.

That doctor's failure to diagnose killed her. Her family's never getting her back, but I made sure they got compensation and that doctor's malpractice is on the record.

Birth Injuries

These are the hardest cases for me emotionally. Nothing's worse than seeing parents dealing with a birth injury that shouldn't have happened.

Cerebral palsy from the baby not getting enough oxygen during delivery. Erb's palsy from doctors pulling too hard with forceps. Brain damage because nobody was watching the fetal monitor that was showing the baby was in distress.

These injuries affect kids their whole lives. They need therapy, equipment, specialized care that costs hundreds of thousands or millions of dollars. Parents shouldn't be stuck with that bill when it happened because a doctor or nurse screwed up.

I've handled birth injury cases all over DuPage County. I work with obstetric experts who can look at the delivery records and tell you exactly what went wrong and when.

Medication Mistakes

Wrong medication. Wrong dose. Nobody checked for drug interactions. Pharmacy gives you someone else's prescription. These errors kill people.

I represented a family whose father died because his doctor prescribed a medication that shouldn't be mixed with something he was already taking. The interaction is well-known. Any competent doctor checks for it. This one didn't, and it cost a man his life.

Emergency Room Negligence

ERs around Oak Brook are supposed to save lives. Sometimes they miss obvious things and make situations worse.

Patients get sent home with serious conditions that don't get diagnosed. Heart attacks that get dismissed as anxiety. Strokes that get missed because nobody ordered the right tests. Infections that turn into sepsis because there was no follow-up.

When you go to the ER, you're trusting them to figure out what's wrong. When they fail and you end up worse off because of it, that's malpractice.

Nursing Home Neglect

Old people deserve respect and proper care. When nursing homes in Oak Brook don't provide it, residents suffer.

Bedsores that never should've developed. Falls that could've been prevented. People getting dehydrated or malnourished because staff's too busy. Medication errors. Sometimes straight-up abuse.

I've been in facilities where people are left sitting in dirty diapers for hours. Where call buttons don't get answered. Where they cut staff to save money and residents pay the price. When profit matters more than patient care, I hold these places accountable.

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Why Oak Brook Cases Are a Pain to Win

I'm not going to lie to you—medical malpractice cases in Illinois are tough. The state legislature's made it harder over the years to sue doctors and hospitals. There are rules and requirements that don't exist in regular injury cases.

Here's what makes Oak Brook and DuPage County cases tricky:

The hospitals around here have good reputations. That makes juries skeptical. They don't want to believe the nice hospital made a mistake. Defense lawyers use this. They parade experts who talk about how wonderful the facility is. We have to overcome that with solid evidence.

Illinois has strict expert requirements. We can't just walk into court and say the doctor messed up. We need medical experts in the same specialty to testify. Finding doctors willing to testify against other doctors isn't easy. I've spent years building relationships with honest physicians who care more about patient safety than protecting their buddies.

The statute of limitations is unforgiving. You've generally got two years from when you discover the malpractice to file a lawsuit. There's also a four-year hard limit from when the negligence happened. Miss those deadlines and your case is dead, period. That's why you need to call me now, not six months from now.

Defense lawyers drag things out on purpose. They know the longer it takes, the more likely you'll give up or take a lowball offer. They file motions. Schedule depositions then cancel them. Request documents then say they need more time. I've seen every delay tactic there is, and I don't let them get away with it.

Proving damages is harder than people think. It's not enough to say you're hurt. We need documentation. Medical records, bills, expert testimony about future care, economic analysis of lost earning capacity. I work with life care planners and economists to build bulletproof damages claims.

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How I Handle Your Case

When you hire me, here's what happens:

We Talk. For Real.

Not a five-minute screening call with some paralegal. You talk to me. I want to hear what happened in your own words. I want to understand how it's affected your life and what you're dealing with now.

This consultation is free. No charge, no obligation. If I think your case is weak, I'll tell you straight. I'm not taking cases just to take them. I only handle cases I believe I can win.

I Dig Into the Records

If we move forward, I order all your medical records from everyone involved. I review them myself first, looking for problems and inconsistencies. Then I send them to medical experts for detailed review.

This part costs money. Expert reviews run thousands of dollars. A lot of lawyers won't spend that upfront. I do it because I need to know the truth before I file a lawsuit.

I Line Up the Best Experts

Illinois law requires expert testimony in malpractice cases. The quality of your experts can make or break everything.

I work with physicians from top medical schools who aren't afraid to tell the truth about substandard care. They review records, write reports explaining how the doctor screwed up, and testify at depositions and trial.

The defense has experts too. Mine are better.

I Calculate What You're Actually Owed

Medical malpractice usually causes permanent damage. You're not just owed money for what already happened. You're owed compensation for every future medical bill, every dollar you'll never earn, every day of pain, every bit of your life that's been ruined.

I work with economists to figure out lost earning capacity. Life care planners to project future medical needs. We build a complete picture of what this cost you and will keep costing you.

I Negotiate Hard

Most malpractice cases settle before trial. But settlements only happen when insurance companies know we're serious.

I don't write polite letters asking for money. I file lawsuits. I take depositions. I line up experts. I make it crystal clear we're ready to go all the way.

When they see we're not bluffing, they start negotiating for real. I've recovered millions for Oak Brook clients through settlements. But I only settle when the number's right. If they won't pay what you deserve, we go to trial.

I'll Go to Trial If I Have To

Some lawyers are scared of trial. They talk tough but fold when it's time to pick a jury. Not me.

I've tried malpractice cases in DuPage County and all over Illinois. I know how to explain complex medical stuff to juries so they get it. I know how to cross-examine defense experts and make them look like fools.

Insurance companies know this about me. They know I'm not bluffing. That's why they settle.

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Knowledgable, Professional, Caring
"I was viciously attacked by a dog while running in my neighborhood, sending me to the hospital. While recovering I contacted Mr. DeSalvo. He's a knowledgeable , personable and trustworthy attorney. Scott and his team were very professional and caring while representing and advising me during my personal injury case."
Scott L

What You Need to Do Right Now

If you think you or someone you love got hurt by medical malpractice in Oak Brook, here's your action plan:

Call me today. Don't wait around. Evidence disappears. People's memories get fuzzy. Witnesses move. The clock's ticking on the statute of limitations. Every day you wait makes your case harder.

Get copies of your medical records. You've got a legal right to them. Request them from every doctor and hospital involved. Don't just get discharge summaries. Get the complete chart.

Don't sign anything from the hospital or their insurance company. They might try to get you to sign releases or settlement paperwork. Don't. These documents often have language that kills your case. Let me look at anything before you sign.

Stay off social media about this. Defense lawyers look at Facebook, Instagram, all of it. If you post pictures of yourself looking happy at some family party, they'll show it to the jury and claim you're not really hurt.

Document everything. Keep a journal of symptoms, pain levels, doctor visits, how the injury affects your daily life. Take photos of visible injuries. Save every bill and receipt related to medical care.

Don't talk to insurance adjusters. They'll call acting all friendly and concerned. They're not. Everything you say gets recorded and used against you later. Tell them to talk to your lawyer.

Keep going to your doctors. Don't skip appointments or stop treatment. The defense will say if you're not treating, you must not be that hurt. Follow your doctors' advice and keep showing up.

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Questions People Ask Me All the Time

What's this going to cost me?

Nothing. Zero. I work on contingency. I only get paid if you get paid. If we win, I take a percentage. If we lose, you don't owe me anything. I also pay for all the litigation costs upfront—expert fees, filing fees, deposition costs, everything. You don't reimburse me unless we win.

How long is this going to take?

Depends on the case. Some settle in six months. Others take two or three years. It depends on how complicated the medical issues are, how stubborn the insurance company is, whether we have to go to trial. What I can promise is I'll move your case as fast as possible without screwing up the result.

Can I sue a big hospital?

Absolutely. I've sued some of the biggest hospitals in the Chicago area. Their reputation doesn't scare me. Actually, big hospitals often have better insurance, which can mean bigger settlements.

What if the doctor said sorry?

Doesn't matter. An apology doesn't erase negligence. Illinois even has a law saying apologies can't be used as evidence in malpractice cases. The doctor can apologize all day long. Doesn't affect your right to compensation.

I signed a consent form. Am I screwed?

No. Consent forms explain risks. They don't give doctors permission to be negligent. If you signed a form saying surgery has risks, that doesn't mean the surgeon can leave a sponge in your gut.

What's my case worth?

There's no formula. Every case is different. Value depends on how badly you're hurt, your age, your income, future medical needs, a bunch of factors. When we talk, I can give you a ballpark based on similar cases. But the real answer comes after we've investigated everything.

I can't miss work for meetings and court. What do I do?

I'll work around your schedule. Need to meet Saturday or evening? Fine. Can't come to the office because you're hurt? I'll come to you. I've met clients at their homes, at hospitals, at coffee shops near Oakbrook Center. Most cases settle anyway, so you probably won't need to miss work for trial.

Do I have to testify?

If we go to trial, yes. But most cases settle before that. And if we do go to trial, I'll prepare you completely. You'll know what to expect and what questions are coming. I've prepped hundreds of clients for testimony. You'll be ready.

What if the doctor says I'm lying?

They usually do. That's their defense. They'll claim you're fine, or your problems existed before, or you're not following treatment. That's why we need records, experts, and solid evidence. When we prove our case with facts, their denials fall apart.

Can I fire my current lawyer and hire you?

Yes. You can fire your lawyer anytime. I've taken over cases from other attorneys who weren't doing the job. If your lawyer's not fighting for you, call me.

Personal Injury Attorney Scott DeSalvo

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Why I'm Different

There are lots of personal injury lawyers out there. Some are good. Some are terrible. Here's why I'm not like them:

I answer my own phone. When you call, you get me. Not a receptionist screening calls. Not some paralegal. If I'm in court, I'll call you back personally. Usually within an hour.

I'm available all the time. Literally 24/7/365. Medical emergencies don't happen during business hours. Neither do legal questions. You can call me midnight on Christmas if you need to. I'll pick up.

I don't hand your case off. Some lawyers take your case then assign it to a junior attorney or paralegal you never met. Not me. I handle your case myself. I review the records. I do the depositions. I negotiate or try the case. You hired me, you get me.

I don't settle cheap. Some lawyers take every case they can and settle them all fast for whatever they can get. I take fewer cases and fight harder on each one. I'll turn down a settlement if it's not enough, even if it means more work.

I understand the medicine. I've been doing malpractice cases for years. I've read thousands of medical records. I've worked with dozens of expert doctors. I understand medical terms, procedures, standards of care. When I read your records, I know what I'm looking at.

I'm local. I'm not some downtown Chicago lawyer who doesn't know Oak Brook. I know this area. I know the hospitals, the courts, the judges, the defense lawyers. That matters.

I care. This isn't just a job. When I take your case, I'm invested in winning. I lose sleep over cases. I think about them at night and on weekends. Your case matters to me because you matter.

Settled Quick, Kept Me Informed
"For one I liked that my case settled quickly and that the office always answered my questions and kept me informed about my case. I would recommend them to friends and family.."
Mercedes Thervil

The Truth About Medical Mistakes

Here's something hospitals don't advertise: medical errors are one of the top causes of death in America. Some studies say it's number three, behind heart disease and cancer. Preventable mistakes kill hundreds of thousands of people every year.

But it's incredibly hard to hold healthcare providers accountable. The system protects them. Laws limit damages. Expert requirements make cases expensive. Juries like doctors. Insurance companies have unlimited money to fight claims.

That's why most malpractice never results in a lawsuit. Patients don't know their rights. They think it's too hard or too expensive. They believe the hospital when they say "complications happen." They give up.

Don't give up. You have rights. When a doctor's negligence destroys your life or kills someone you love, you deserve justice. The healthcare industry counts on you being too scared or overwhelmed to fight.

Prove them wrong.

Gets What You Deserve and More
Great lawyer and He really gets what you deserve and more! I recommend him to all my friends and family!
Sue Dickinson
Graue Mill & Museum, Oak Brook

I Serve Oak Brook and Surrounding Areas

I handle cases throughout Oak Brook and all over DuPage County. I know this area. I've represented clients from every part of Oak Brook—near Butler Government Center, along York Road, around Oakbrook Center, all the neighborhoods.

I also handle cases in surrounding communities:

  • Elmhurst
  • Hinsdale
  • Lombard
  • Downers Grove
  • Westmont
  • Villa Park
  • Oakbrook Terrace
  • Wheaton
  • Glen Ellyn
  • Naperville
  • Lisle

If you're anywhere in the western suburbs and medical malpractice happened to you, call me.

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Help And A Great Settlement Are Just One Click Away

Call Me Now

Bottom line: if you think medical negligence hurt you or someone you love in Oak Brook, you need to act fast. Evidence is disappearing. The clock's running on your statute of limitations. The hospital's lawyers are already building their defense.

You need someone who knows how to fight these cases and win. Someone who's not afraid of hospitals and insurance companies. Someone who'll treat you like a person instead of a file number.

That's me.

Free consultation. I'll review your situation honestly and tell you if you have a case. If I take it, you pay nothing unless I win. No money out of pocket. No fee unless we get you compensation.

And I'm available right now. Not tomorrow. Not Monday morning. Now. Pick up the phone. Doesn't matter if it's 2 AM Sunday or 6 PM Friday. I'll answer and we'll talk about what happened.

You've been through enough already. The hospital failed you. Don't fail yourself by not doing something about it.

Call me at 312-500-4500. Let's get you the justice you deserve.

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Read what our clients say.


Hiring Scott was one of the best moves I have made in my life. Scott is a down to earth person and attorney. Scott is a 5 star first class act who really knows his stuff. The Judge said his presentation was one of if not the best he had ever seen. Take my advice, hire Scott I’m sure you’ll be 200% satisfied I was.
Richard Lange
Cab Driver, Fall Down

Scott not only cares about the case, but he truly cares about his clients and that makes him the best lawyer I have ever met and hired! He won my case! He is thorough in everything he does. I highly recommend Scott, and will always refer him to family and friends.
Geannine Rowe
Geannine Rowe

I hired Scott DeSalvo upon a friend’s recommendation. His office kept me informed of developments as they happened, and I felt the settlement reached was fair considering my injuries. I would highly recommend Scott DeSalvo to represent your personal injury case.
Lisa Hibbard
Car Versus Pedestrian

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Law Office of Scott D. DeSalvo, LLC

Main Office:
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Oak Brook, IL 60523
New Cases: 312-500-4500
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None of the above is legal advice. Every case is different. Nothing above should suggest the promise of any particular outcome on your case. If you need a lawyer, it is an important decision you must consider carefully. This website contains promotional and informational material only. If you need a lawyer or have a case, seek the advice of an attorney immediately. Do not rely on the information contained on this website alone. It cannot take the place of the knowledge, experience, advice and judgment of a skilled, aggressive and ethical attorney. Copyright ©2025 DeSalvo Law - Full Disclaimer: desalvolaw.com/disclaimer