If you or a loved one has suffered harm because of a medical error, one question almost always comes first:

Whether your injury resulted from a surgical mistake, misdiagnosis, delayed treatment, medication error, failure to diagnose, or a birth injury, this question is completely understandable. Medical malpractice cases are complex, emotional, and often overwhelming. Knowing whether the law provides a path forward is the first and most important step.

At Goldberg & Goldberg, LLC, answering that question thoroughly and honestly has been our mission for more than six decades.

What Is Medical Malpractice?

Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet the accepted standard of medical care, and that failure causes injury to a patient.

In simple terms, medical malpractice is professional negligence—either by doing something a reasonably careful medical professional would not have done, or by failing to do something that should have been done under similar circumstances.

The standard of care refers to what a reasonably careful and competent medical professional, with similar training and experience, would have done in the same or a similar situation. When a healthcare provider’s actions fall below this standard and result in harm, medical malpractice may have occurred.

What Must Be Proven in an Illinois Medical Malpractice Case?

Under Illinois law, not every poor medical outcome qualifies as malpractice. To have a valid medical malpractice case, several legal elements must be established.

A patient must show:

1. A duty of care existed between the healthcare provider and the patient
2. The standard of care was breached—meaning the provider acted negligently
3. That negligence directly caused injury
4. The patient suffered damages, such as physical harm, emotional distress, additional medical costs, or loss of income

Because medicine is highly specialized, Illinois law requires expert testimony to prove these elements. A qualified physician or medical professional must review the records and testify that the defendant’s conduct fell below the accepted standard of care and caused the patient’s injury.

Expert testimony is essential not only to establish negligence, but also to explain complex medical issues in a way that judges and juries can understand.

Why Experience Matters When Evaluating a Case

Determining whether you have a case is not something that can be answered with a quick review or a simple checklist. It requires a deep understanding of medicine, law, and how hospitals and healthcare systems operate.

For more than 60 years, our firm has examined thousands of potential medical malpractice claims involving:

• Physicians
• Hospitals
• Nurses
• Surgical centers
• Other healthcare providers

Our experience spans Chicago, throughout Illinois, and nationwide. We work closely with expert witnesses from leading medical schools and hospitals to carefully evaluate each case. This thorough process allows us to give clients honest, informed answers—whether that answer is yes or no.

An Honest Answer to an Important Question

We understand how difficult it is to question the care you received or to consider legal action against a medical professional. That is why we approach every inquiry with respect, compassion, and transparency.

Our goal is not simply to take cases—it is to protect the rights of injured patients and their families and to hold negligent healthcare providers accountable when the law supports doing so.

If you are wondering “Do I have a case?”, we are here to help you find the answer.

Speak With a Medical Malpractice Lawyer

For more than 60 years, Goldberg & Goldberg, LLC has been dedicated to protecting the rights of victims of medical malpractice and other negligence.

If you would like to discuss a potential medical malpractice claim with one of our attorneys, please contact us at 312-368-0255.
Your initial consultation is absolutely free, and there is no obligation.