Medical errors are a serious problem. A study from the National Institutes of Health (NIH) found that they are a contributory factor to approximately one quarter of a million deaths each year. Errors in emergency rooms can be especially dangerous. This raises an important question: Can you file a medical malpractice lawsuit for an emergency room error? In Illinois, the answer is a clear and resounding “yes.” Within this article, our Chicago medical malpractice attorney provides a guide to emergency room error claims in Illinois.
Why Does Emergency Room Errors Happen
Mistakes in emergency rooms can happen for a wide range of different reasons. The reality is that emergency rooms are fast-paced and high-pressure environments. Even so, hospitals and medical professionals must still uphold the standard of care required under Illinois law. The law does not expect that doctors, nurses, and support staff in emergency rooms in Chicago and across Illinois are perfect. At the same time, it does expect (and require) them to provide proper care. Patients deserve it in their time of serious need. Emergency room errors can occur for many reasons, including:
- Overcrowding;
- Inadequate staffing; and
- Poor communication between doctors and nurses.
What happens in an emergency room matters. When people go there for care, they have a serious need. It is imperative that they are treated properly. A misread test result, missed diagnosis, delayed treatment, or rough handling can have devastating consequences for patients. When a provider’s negligence causes harm, they can be held legally responsible under Illinois law.
Key Point: Patients and their families should understand that “chaos” in the ER does not excuse malpractice. A hospital may be liable for medical malpractice in an emergency room.
What You Need to Prove in an Emergency Room Error Malpractice Claim in Illinois
Proving that you (or your loved one) went to an emergency room and had a poor outcome is not enough for a medical malpractice claim. To bring a successful medical malpractice claim in Illinois, you must establish liability. The core question is whether the provider deviated from the accepted standard of care. Illinois law requires the plaintiff to prove that a reasonably competent doctor, nurse, or hospital would have acted differently under similar circumstances. In most of these cases, expert testimony is required. Here are four key elements of an emergency room error medical malpractice claim in Chicago:
- Duty of Care: You need to prove that a doctor-patient relationship was established. In other words, the defendant (hospital/doctor) must have owed you (the patient) a duty of care. In an emergency room setting, this arises the moment treatment begins.
- Breach of Duty: Next, you must prove a breach of duty of care. This requires proving negligence. In other words, you must establish that the provider failed to meet the standard of care through negligence, error, or omission.
- Causation: Causation is a required element in any medical malpractice claim in Illinois. In other words, the breach (negligence by the hospital and/or doctor) must be directly connected to the patient’s injury or worsening condition.
- Damages: Finally, you must prove that you suffered actual damages because of medical malpractice. That means that you must show real harm that could have been avoided but for the error committed in the emergency room.
Recovering Compensation for an Emergency Room Error in Illinois
Victims of emergency room malpractice may be entitled to significant financial relief. Compensation is designed to make the patient “whole” again to the greatest extent possible. Our Chicago medical malpractice lawyers fight hard to help patients and their families secure the absolute maximum financial support. In Illinois, damages or an emergency room error may include:
- Hospital bills and other medical expenses;
- Physical therapy and rehabilitative care;
- Loss of wages and loss of earning power;
- Pain and suffering and mental distress;
- Long-term disability or permanent impairment; and
- Wrongful death of a family member.
Note: There are no damage caps or medical malpractice claims in Illinois in 2025. Our state has had a long legal history with damage caps. The legislature attempted to impose caps on noneconomic damages (like pain and suffering) in medical malpractice cases. However, those caps were struck down multiple times by the Illinois Supreme Court. The most recent significant ruling was Lebron v. Gottlieb Memorial Hospital. In that case, the court held that the statutory cap on noneconomic damages violated the separation of powers under the Illinois Constitution.
What is the Statute of Limitations for Medical Malpractice in Illinois?
If you are considering a malpractice lawsuit after an emergency room error, you must act quickly. In Illinois, medical malpractice claims are generally subject to a two-year statute of limitations. The clock starts when you knew or reasonably should have known that an injury was caused by medical negligence. There is also a strict four-year statute of repose. That means no claim can be filed more than four years after the malpractice occurred, regardless of when it was discovered. You do not want to lose out on your opportunity to get justice: Consult with a top-rated Chicago medical malpractice lawyer right away after a serious emergency room error.
Exception: There are special rules that apply to minors. They have up to eight years to file, but no later than their 22nd birthday.
How Our Chicago Emergency Room Error Attorney Can Help
Medical malpractice claims can be challenging to navigate. It is a specialized area of law. Patients and families need strong and experienced legal representation, especially in emergency room error cases. At Kennedy Watkins LLC, our Chicago attorneys have a proven record of verdicts and settlements in medical malpractice cases in Illinois. We are proactive and justice-focused. You can contact our Chicago medical malpractice lawyer today to set a free review of your case.
Contact Our Chicago Medical Malpractice Attorney Today
At Kennedy Watkins LLC, our Chicago medical malpractice attorney has the professional and legal expertise that you can trust when it matters the most. If you or your loved one was seriously harmed by an emergency room error, we can help. Get in touch with us today for a free, strictly confidential initial consultation. With an office in Chicago, we handle medical malpractice cases in Cook County and throughout all of Northern Illinois.