When something goes wrong with your care, the institution's first instinct is to make the problem quietly go away — and hospitals are very good at it. Records get framed carefully, explanations get vague, and a well-funded insurer stands ready to argue that whatever happened was just an unfortunate outcome nobody could have prevented. Cutting through that requires resources and persistence most people, and most law firms, simply don't bring.
I'm Scott DeSalvo. For almost 30 years I've handled serious injury cases in DuPage County, and I take medical negligence cases — the ones a lot of firms turn down — when the evidence supports them. If you're near Willowbrook and something about your care doesn't sit right, here's an honest look at what it takes to find out. The first conversation is free.
A poor result is not automatically malpractice, and that's the distinction the whole case rests on. Medicine carries genuine risk, and competent providers sometimes have bad outcomes. Malpractice is narrower: it means the care fell below the accepted standard, and that failure — not the underlying illness or injury — is what harmed you.
You can't settle that question from the patient's chair, and honestly I can't settle it just from your story either. Only a qualified physician who reviews the actual records can say whether the care crossed the line. That expert review isn't a formality; it's the foundation of the entire case.
Illinois built a check into the law itself. Under 735 ILCS 5/2-622, you generally can't even file a medical malpractice suit without attaching a certificate of merit — a written report from a qualified health professional who has reviewed your case and found a reasonable basis to believe malpractice occurred.
In practical terms, a physician has to stand behind your case before it ever reaches a courtroom. That requirement keeps groundless suits out, and it means real money must go into expert review up front. A lawyer who can't fund that work can't handle these cases properly.
Most Illinois injury claims run on a clean two-year clock. Malpractice does not. You generally have two years from when you knew, or should have known, that malpractice caused your injury — and behind that sits a hard four-year limit measured from the date of the malpractice itself, with narrow exceptions and separate rules for children. A late discovery can still slam into that four-year wall, which is how people lose otherwise solid cases by waiting. If you're unsure, ask early.
Let me be candid: most firms turn these cases down because they're costly and hard, not because the medicine was fine. Every case needs paid physician experts, the litigation can drag on for years, and the defense is deep-pocketed and skilled. That scares off the field — which means a serious case, brought by a lawyer with the resources to see it through, faces less competition than the insurer expects. The insurer takes a claim seriously when the lawyer behind it brings almost 30 years of experience and trial training from Gerry Spence's Trial Lawyers College and the Keenan Trial Institute.
Bottom line: these are the toughest injury cases to win, so the lawyer you pick matters more here than anywhere else.
Where negligence causes real harm, Illinois lets you recover past and future medical costs, lost income and diminished earning capacity, physical pain, disability and disfigurement, and the loss of a normal life. The attorney's fee on a malpractice case in Illinois is 33 1/3% of the recovery, and I advance the substantial costs of expert review myself. You pay nothing up front and nothing unless we win.
If something about your care doesn't add up, don't wait — the deadlines are unforgiving and the records need a qualified eye. Call me, walk me through what happened, and I'll tell you honestly whether it's worth pursuing. No cost, no pressure, no fee unless I recover for you.
I'm available around the clock. Call 312-500-4500.
Medical negligence is one of many injury cases I take on. For the full picture, visit my Willowbrook Personal Injury Attorney page.
Usually not with certainty, and neither can I from your account alone — it takes a qualified physician reviewing the records. A bad outcome isn't enough; the care has to have fallen below the accepted standard and caused your injury. What I can do is examine what happened and, where it looks serious, have the records evaluated by an expert, which Illinois requires before a case can even be filed.
Generally two years from when you discovered the harm came from malpractice, with a hard four-year ceiling from the date it happened and separate rules for children. Those two limits interact in ways that are easy to miscalculate, and missing either one ends the case. That's why it's worth asking a lawyer early rather than assuming there's still time.
Because they're expensive and difficult. Each requires paid medical experts, can take years, and pits you against a well-funded defense team. Many firms aren't set up to carry that risk. I take these on when the evidence supports it and give you a straight answer when it doesn't.
Nothing out of pocket. I work on contingency at the standard Illinois malpractice fee of 33 1/3%, and I advance the heavy expert-review costs myself. If we don't win, you owe nothing and are never personally responsible for those expert bills.
Yes. When a medical mistake causes a death, Illinois lets the family pursue a wrongful death claim for their loss and a survival claim for what the person endured beforehand, both brought through the estate's representative. They're some of the most serious matters I take on, and I handle them with the seriousness such a loss demands.
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.
No Fee Unless You Win | Free Consultation | 24/7 Availability Call or Text: (312) 500-4500
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