If you think the screwdriver handle case was wild, strap in. The medical malpractice world is full of cases that sound like fiction but are documented in court records. And every single one of them started the same way. A patient trusted a doctor, and the doctor failed them.
Wrong-patient surgery is not as rare as hospitals want you to believe. In one documented case, a patient checked in for a knee arthroscopy and the surgeon performed the procedure on the wrong knee. The surgical team had the chart. They had the imaging. They just did not bother to verify which side. The Joint Commission calls these never events because they should never happen. But they do. The Hospital Safety Score reports estimate that wrong-site surgeries happen approximately forty times per week in American hospitals.
Retained surgical instruments are another one that should not exist in 2025. A sponge, a clamp, a guidewire, left inside the patient after the incision is closed. The patient goes home in pain, develops an infection, comes back to the ER, and somebody finally orders the imaging that shows a foreign object where it should not be. Studies published in the New England Journal of Medicine estimate that retained surgical instruments occur in roughly one out of every five thousand to seven thousand surgeries. That does not sound like a lot until you consider how many surgeries happen every year.
Hospital-acquired infections from contaminated equipment are the ones that make me angriest because they are entirely preventable. Improperly sterilized endoscopes, dirty surgical instruments, contaminated IV lines. These are basic hygiene failures that infect patients with drug-resistant bacteria. The CDC estimates that on any given day, about one in thirty-one hospital patients has at least one healthcare-associated infection. When the infection was caused by equipment that should have been properly cleaned and was not, that is negligence.
I had a case where a patient went in for a routine colonoscopy and ended up with a perforated bowel because the gastroenterologist rushed through the procedure. The doctor was running behind schedule and was trying to get through his afternoon cases before the surgical center closed. The perforation was not discovered until the patient was in septic shock twelve hours later. The doctor had performed thousands of colonoscopies. Experience does not protect you from carelessness.
Here is the lesson behind every one of these cases. If something feels wrong after a medical procedure, it probably is wrong. Your body is telling you something. Persistent pain that should be improving. A fever that will not break. Symptoms that your doctor keeps dismissing. Do not let anyone tell you it is in your head. Do not let anyone tell you to wait and see. Get a second opinion, and if the second opinion confirms what you suspected, call a lawyer.
These cases are complex and expensive to litigate. They require expert witnesses, detailed medical records analysis, and a lawyer who has done this before. I have been doing it for almost thirty years. If something happened to you that should not have, call me at 312-500-4500 and we will figure out whether you have a case.
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care in their field and that deviation causes harm. It's not just a bad outcome - bad outcomes happen even when everyone does everything right. Malpractice is when a provider does something a reasonably competent provider would not have done, or fails to do something they should have done. The harm must be directly caused by that deviation.
Yes. Illinois law under 735 ILCS 5/2-622 requires a certificate of merit signed by a qualified expert who reviewed the case and believes there is a reasonable basis for the claim. Finding a qualified expert in the right specialty is one of the first steps I take in evaluating a case. I have relationships with medical experts in multiple specialties. Call 312-500-4500.
Most cases take two to four years from filing to resolution. They are more complex than standard personal injury cases because of expert witness requirements and the resources hospitals and insurance companies put into defending them. Some cases settle earlier once the evidence is clear. I keep clients updated throughout and will always give you an honest assessment.
Illinois has a two-year statute of limitations under 735 ILCS 5/13-212 running from when you knew or should have known about the injury, and a four-year statute of repose from the act of malpractice. There are exceptions for minors (extended to age 22) and fraudulent concealment. If you're unsure whether your deadline has passed, call me now at 312-500-4500. Don't assume it's too late without talking to an attorney.
Nothing upfront. I handle medical malpractice cases on a contingency fee basis. There is no retainer, no hourly billing, and no out-of-pocket cost. I advance all case costs - including the substantial fees for the medical experts required to review records and testify. If we do not win, you owe nothing. The expert witness fees alone can run into the tens of thousands of dollars; I cover those because I only take cases I believe in.
No. The Illinois Supreme Court ruled in Lebron v. Gottlieb Memorial Hospital (2010) that statutory caps on medical malpractice damages are unconstitutional. There is no artificial limit on what a jury can award for medical expenses, lost earning capacity, pain and suffering, loss of normal life, or any other category of damages. The full human impact of the malpractice can be pursued.
Surviving family members - typically a spouse, children, or parents - can bring a wrongful death action under 740 ILCS 180/2 against the responsible providers and hospital. Wrongful death damages in Illinois include lost financial support, loss of companionship and guidance, grief, and other losses. The Illinois Survival Act, 755 ILCS 5/27-6, also permits the estate to pursue damages the deceased could have recovered while alive, including pain and suffering before death. The two-year deadline runs from the date of death for wrongful death; the malpractice SOL still applies to the underlying claim.
No. Hospital risk management departments are the in-house team that handles claims to keep them out of court and to pay as little as possible. Anything you say to them is being documented and used to minimize the case. Early offers are made before you understand the full scope of the harm or your future medical needs. Once you sign a release, the case is over. Do not sign anything and do not give a recorded statement until you have spoken to a lawyer. Call me at 312-500-4500 before you do anything.
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If you or a loved one is dealing with a situation like this, give us a call any time, day or night. We are here to help. 312-500-4500
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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