When you trust a surgeon with your life, you expect expert care. But when surgical errors happen because of negligence, the results can be devastating. At Willens & Baez Personal Injury Lawyers, we’ve won major compensation for surgical error victims, including a $7,000,000 settlement for our clients.
The Chicago surgical error attorneys at Willens & Baez understand how complex these cases can be. Willens & Baez works with top medical experts to hold careless healthcare providers accountable and help you get the money you deserve. Get a free consultation with our experienced surgical error lawyers. Call us today at (312) 957-4166.
The Reality of Surgical Errors in America
Surgical errors are more common than most people realize. Research from Johns Hopkins Medicine reveals that medical errors claim over 250,000 American lives annually, making them the third leading cause of death behind heart disease and cancer.
The Agency for Healthcare Research and Quality reports that one in seven Medicare patients in hospitals experience a medical error. These aren’t just statistics. They represent real people whose lives have been forever changed by preventable mistakes.
Illinois has a big problem with surgical errors. Forbes reports that the state places sixth nationally for the highest average settlements in medical malpractice cases. According to data from the US Department of Health and Human Services, in 2024 alone, there were 1,252 adverse action reports against medical professionals in Illinois, with 467 medical malpractice claims that got paid out.
Frequent Categories of Surgical Mistakes
Surgical mistakes may happen at any stage of the surgical process. Based on our extensive experience handling these cases, the most common surgical errors include:
- Wrong-site surgery – Operating on the wrong body part is among the most devastating surgical errors. The Joint Commission found that wrong-site surgery represented 6% of all sentinel events (serious patient safety incidents) examined in their study.
- Wrong-procedure surgery – When surgeons perform an entirely different procedure than what was planned, patients may undergo unnecessary surgery while their actual condition remains untreated.
- Foreign objects left inside patients – Surgical instruments, sponges, or other medical equipment left inside patients can cause serious infections, internal bleeding, and the need for additional surgeries.
- Anesthesia errors – Mistakes with anesthesia can lead to awareness during surgery, brain damage from oxygen deprivation, or dangerous drug interactions.
- Nerve and organ damage – Accidental cuts to nerves, organs, or blood vessels during surgery can cause permanent disability, loss of function, or internal bleeding.
- Post-surgical negligence – Failure to properly monitor patients after surgery can lead to undetected complications like infections, blood clots, or internal bleeding.
Understanding Medical Malpractice Versus Known Risks
Not every bad outcome from surgery is medical malpractice. Surgery always has risks, and doctors must tell patients about these risks before any procedure. But when errors happen because of carelessness, bad care, or not following proper medical practices, you may have a valid malpractice claim.
To prove surgical malpractice, we must establish that:
- A doctor-patient relationship existed
- The healthcare provider breached the standard of care
- This breach directly caused your injury, and
- You suffered damages as a result.
The Devastating Impact of Surgical Errors
Surgical errors can have life-altering consequences that extend far beyond the operating room. Victims often face:
Physical consequences:
- Additional surgeries to correct mistakes
- Permanent disability or disfigurement
- Chronic pain and reduced quality of life
- Extended recovery times.
Financial burden
- Mounting medical bills for corrective treatments
- Lost wages during recovery
- Reduced earning capacity due to disability
- Long-term care needs.
Emotional trauma
- Loss of trust in medical professionals
- Anxiety about future medical care
- Depression from changed circumstances
- Strain on family relationships.
Why Choose Willens & Baez Personal Injury Lawyers
Proven Track Record
The surgical error attorneys at Willens & Baez have secured millions in compensation for our clients, including:
- $7,000,000 surgical error settlement
- $4,000,000 failure to diagnose lung cancer settlement
- $3,100,000 failure to diagnose breast cancer verdict
- $12,250,000 birth injury settlement
- $11,000,000 birth injury settlement
- $10,000,000 birth injury settlement.
These results demonstrate our expertise across various medical malpractice cases and our ability to take on complex surgical error claims.
Featured Case: $7,000,000 Surgical Error Settlement
Our client, a young woman, underwent surgery at a Chicago hospital to remove an abdominal tumor. During the procedure, the gynecological surgeon negligently damaged her bowel, ultimately requiring its removal. Despite aggressive defense by the hospital and surgeon’s legal team, Willens & Baez secured a $7 million settlement after 2½ years of litigation and multiple mediation sessions.
Illinois Medical Malpractice Laws
Illinois has specific laws governing medical malpractice claims that can affect your case:
Statute of Limitations
You generally have two years from when you discovered (or reasonably should have discovered) the injury to file a lawsuit. But some special circumstances can change this timeline, making it important to speak with a lawyer right away.
Certificate of Merit
Illinois requires a certificate of merit from a qualified medical expert stating that the case has merit before filing suit. Our attorneys work with respected medical professionals to obtain these certifications.
Damage Caps Eliminated
The Illinois Supreme Court ruled that caps on damages in medical malpractice cases are unconstitutional, meaning there’s no limit on the compensation you can recover.
Types of Compensation Available
Victims of surgical errors may be entitled to various forms of compensation:
Economic Damages
- Medical expenses for corrective treatments
- Lost wages and reduced earning capacity
- Future medical care costs
- Rehabilitation and therapy expenses.
Non-Economic Damages
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Disfigurement or disability.
Punitive Damages
In cases of extraordinary misconduct, punitive damages may be awarded to the victim to punish the at-fault party and deter similar behavior.
Steps to Take After a Surgical Error
If you suspect you’ve been the victim of a surgical error:
- Seek immediate medical attention for any complications.
- Request copies of all medical records related to your surgery.
- Document your symptoms and recovery with photos and notes.
- Keep records of all medical expenses and lost wages.
- Don’t sign any agreements with the hospital or insurance companies.
- Contact an experienced surgical error attorney immediately.
Frequently Asked Questions
Can I sue a surgeon or medical professional even if I signed a consent form?
Yes. Consent forms cover known risks of surgery but don’t protect healthcare providers from liability for negligent errors.
What’s the deadline for filing a legal claim?
Illinois generally allows two years from discovery of the injury, but specific circumstances can affect this timeline.
Which parties may be responsible for surgical mistakes?
Liability may extend to surgeons, anesthesiologists, nurses, hospitals, and other healthcare providers involved in your care.
What if the hospital says it was just a complication?
Hospitals often try to characterize preventable errors as unavoidable complications. An experienced attorney can help determine if negligence occurred.
Why Surgical Errors Happen
Understanding the causes of surgical errors can help prevent them:
- Communication failures – Poor communication between surgical team members can lead to mistakes about which procedure to perform or which body part requires surgery.
- Inadequate preparation – Rushing into surgery without proper review of medical records and surgical plans increases error risk.
- Fatigue and overwork – Surgeons working excessive hours may experience decreased concentration and judgment.
- Lack of safety protocols – Hospitals that don’t implement or follow proper safety checklists have higher error rates.
- Inadequate training – Medical professionals who lack proper training or experience in specific procedures pose risks to patients.
Contact Our Chicago Surgical Error Lawyers Today
Don’t let a surgical error derail your life without seeking justice. The attorneys at Willens & Baez Personal Injury Lawyers have the experience, resources, and dedication needed to handle your surgical error case effectively.
We’ve helped clients across Chicago and throughout Illinois recover millions in compensation after surgical errors. Willens & Baez handled a $7,000,000 surgical error settlement involving a young woman who went to a Chicago hospital for surgery to remove an abdominal tumor. During the procedure, the gynecological surgeon damaged her bowel, resulting in eventual loss of the bowel. Despite the hospital and surgeon’s lawyers fighting the case for nearly 2½ years, Willens & Baez secured a $7 million settlement after multiple mediation sessions.
This is just one example of our successful medical malpractice recoveries that demonstrate our ability to take on complex cases against well-funded healthcare institutions.
Contact us at (312) 957-4166 now for your free case review.
Remember, you pay nothing unless we win your case.
Time is critical in surgical error cases due to statute of limitations requirements and the need to preserve evidence. Contact us today to protect your rights and begin the process of holding negligent healthcare providers accountable for their actions.
