What malpractice is — and what it isn't
Medicine involves risk, and a bad outcome by itself is not malpractice. The legal question is whether the provider did what a reasonably careful provider in the same specialty would have done under the circumstances — the standard of care — and whether falling short of it caused real harm.
That is a professional-judgment question. It is also why Illinois requires these cases to be screened by a qualified health professional before they are ever filed, and why Paul M. Marriett reviews the records with consulting experts before telling you whether a claim is worth pursuing. If the honest answer is that the medicine was reasonable, you will hear that at the consultation.
The forms it most often takes
Malpractice claims tend to trace a few recurring patterns:
- Misdiagnosis and delayed diagnosis — a cancer, infection, stroke, or heart attack that a careful workup would have caught in time to treat.
- Surgical errors — operating on the wrong site, damaging surrounding structures, or leaving instruments or sponges behind.
- Medication and anesthesia errors — wrong drug, wrong dose, missed interactions, or inadequate monitoring under anesthesia.
- Emergency-room errors — discharged too soon, symptoms dismissed, test results never followed up.
- Failure to monitor or treat — a deteriorating patient whose warning signs were charted but not acted on.
- Birth injuries — harm to a baby or mother during labor and delivery, covered in depth on the birth injuries page.
The certificate of merit: why these cases are screened first
Illinois does not let a malpractice suit be filed on suspicion alone. Under 735 ILCS 5/2-622, the complaint must be accompanied by an attorney's affidavit and a written report from a qualified health professional stating there is a reasonable and meritorious basis for the case. Filing without it is grounds for dismissal.
Practically, that means the real work happens before anything is filed: gathering the complete records, having them reviewed by a professional in the right specialty, and building the causation picture. It is one more reason to bring a potential case to a lawyer early — the screening takes time, and the deadlines below do not pause for it.
Illinois deadlines are short — and layered
Two years, sometimes four. A malpractice action generally must be filed within two years of when you knew, or reasonably should have known, of the injury — and in no event more than four years after the negligent act itself (735 ILCS 5/13-212(a)). That outer four-year limit, called the statute of repose, can close a case before a slow-developing injury is even discovered. If your reaction is "I only just found out" is a conversation to have with a lawyer immediately.
Children get longer. For a patient under 18, the case may be brought up to eight years after the act, but never past the person's 22nd birthday (735 ILCS 5/13-212(b)).
No cap on damages. Illinois courts have struck down statutory caps on malpractice damages — compensation is measured by what the injury actually costs, proven case by case.
What a malpractice claim can cover
Depending on the facts, compensation may include:
- The additional medical care the negligence made necessary — corrective surgery, extended treatment, rehabilitation;
- Future care the injury will require;
- Lost income and reduced ability to earn a living;
- Pain, suffering, disability, and disfigurement;
- In a fatal case, the losses a wrongful-death claim allows the family to recover.
These cases are expert-driven and vigorously defended. Paul M. Marriett's commitment is a straight answer about whether the case is real, and full preparation if it is.
What a case costs
Cases like this are handled on a contingency-fee basis: no hourly bills, and the attorney fee comes out of any recovery. Clients may be responsible for litigation costs and expenses regardless of outcome — Paul M. Marriett explains exactly how that works, in writing, before you sign anything.
Frequently asked questions
Is a bad outcome the same as malpractice?
No. Medicine involves risk, and treatment can be reasonable even when the result is poor. Malpractice means the care fell below the professional standard — what a reasonably careful provider would have done — and that failure caused the harm. A records review with a consulting expert is how that question gets answered.
How long do I have to file a medical malpractice case in Illinois?
Generally two years from when you knew or reasonably should have known of the injury, and never more than four years after the act itself (735 ILCS 5/13-212(a)). Because the screening Illinois requires takes time, talk to a lawyer as soon as you suspect something went wrong.
What if the patient is a child?
Illinois gives minors more time: up to eight years after the act, but no later than the person's 22nd birthday (735 ILCS 5/13-212(b)). Even so, records and witnesses fade — earlier is always stronger.
What is the certificate of merit?
Illinois requires a malpractice complaint to include an attorney affidavit and a written report from a qualified health professional stating the case has a reasonable and meritorious basis (735 ILCS 5/2-622). It means every case is screened by someone in the right specialty before it is filed.
Does Illinois cap malpractice damages?
No. The Illinois Supreme Court has struck down statutory caps on malpractice damages. Compensation is measured by what the injury actually costs — which is proven through medical, economic, and life-care evidence.
Can I sue the hospital, or only the doctor?
Sometimes both. A hospital can be responsible for the negligence of its employees (nurses, technicians, staff physicians) and in some circumstances for doctors who appear to patients to be acting on its behalf. Identifying every responsible party is part of the work-up.
How much does it cost to hire Paul for a malpractice case?
These cases are handled on a contingency-fee basis: no hourly bills, and the attorney fee comes out of any recovery. Malpractice cases carry significant expert costs, and clients may be responsible for litigation costs regardless of outcome — Paul explains exactly how that works, in writing, before you sign.