Know Your Rights: Understanding the Reasons to Sue a Hospital in Illinois


    As an experienced Illinois plaintiff’s personal injury attorney, I have represented numerous clients in cases against a medical facility. While hospitals are places we go for healing and care, there are instances where things go wrong. And although medical mistakes happen, they are unfortunately sometimes due to negligence or malpractice. It is essential for patients and their families to understand their rights and the valid reasons for suing a hospital. This article delves into these reasons, emphasizing the legal avenues available to those who have suffered due to hospital-related issues.

    Hospitals, like all medical providers, have an obligation to provide safe and competent care to their patients.

    What is medical malpractice?

    When it comes to medical malpractice, there are two main concepts to understand. The first is medical malpractice itself, and the second is the standard of care.

    Let’s take a look:

    - Medical Malpractice: This occurs when a healthcare provider, through a negligent act or omission, causes injury to a patient. This includes errors in diagnosis, treatment, aftercare, or health management.

    - Standard of Care: A key component is the 'standard of care', a legal term referring to the level of competence a reasonably careful healthcare professionals would have demonstrated under similar circumstances.

    Understanding what constitutes medical malpractice is crucial for patients to ensure they receive the best standard of care. In cases of serious injuries, wrongful death, or negligence by a medical staff member, seeking the expertise of a medical malpractice attorney can provide invaluable support and guidance through the legal process, helping patients obtain the justice and compensation they deserve.

    Most common reasons to sue a hospital for negligence

    There are many types of medical malpractice that may warrant a negligence claim against a hospital or medical staff.

    - Misdiagnosis or Delayed Diagnosis: Failing to diagnose a condition or misdiagnosing it can lead to incorrect or delayed medical treatment, worsening the patient's condition.

    - Surgical Errors: These include operating on the wrong site, leaving surgical instruments inside the patient, or performing unnecessary surgery.

    - Birth Injuries: Errors during childbirth that harm the baby or mother, such as failing to anticipate birth complications or respond to fetal distress.

    - Medication Errors: Prescribing or administering the wrong medication or dosage.

    - Failure to Treat: Failing to provide appropriate medical care for a diagnosed condition.

    Proving medical malpractice

    Many steps must be taken to prove medical malpractice by a hospital or hospital staff. These include:

    - Establishing a Doctor-Patient Relationship: Showing that a relationship existed, wherein the healthcare professional owed a duty of care to the patient.

    - Breach of Standard of Care: Demonstrating that the healthcare provider deviated from the standard of care expected in their profession.

    - Causation: Proving that this breach directly caused the injury or harm to the patient.

    - Damages: Showing that the injury resulted in specific damages, whether physical, emotional, or financial.

    Challenges in medical malpractice cases

    Although it is important to hold hospital employees accountable for medical negligence, there can be challenges.

    - Complexity: These cases often involve intricate medical issues and require testimony from an expert witness, like medical experts.

    - Defensive Medicine: Healthcare providers and hospitals often have robust legal defenses and insurance coverage, making these cases challenging to litigate.

    - Statute of Limitations: In Illinois, there is typically a two-year statute of limitations for medical malpractice claims, making timely action crucial.

    Damages in medical malpractice cases

    There are two main types of damages that exist in medical malpractice cases, being:

    - Economic Damages: These include medical expenses, lost wages, and loss of future earning capacity.

    - Non-Economic Damages: Compensation for pain and suffering, loss of enjoyment of life, and emotional distress.

    The role of an attorney

    Attorneys play an important role in medical malpractice cases, including:

    - Investigation and Evidence Gathering: Attorneys play a crucial role in compiling medical records, securing expert testimonies, and gathering evidence to build a strong case.

    - Navigating Legal Complexities: Experienced lawyers can navigate the complexities of medical malpractice law and advocate effectively on behalf of the patient.

    Hospital liability in medical malpractice cases is a critical area in personal injury law, especially when patients suffer harm due to the hospital's actions or the actions of its employees. As a personal injury attorney, I've dealt with numerous cases where understanding and proving hospital liability was key to obtaining justice for my clients.

    Let's delve deeper into some of the areas and examples of medical malpractice:

    1. Vicarious Liability:

    • - Employee Actions: Hospitals can be held vicariously liable for the negligent actions of their employees, such as doctors, nurses, and medical technicians, when these actions occur within the scope of their employment.
    • - Respondeat Superior: This legal principle means that an employer (the hospital) is responsible for the actions of its employees performed during the course of their work.

    2. Direct Hospital Negligence:

    • - Negligent Hiring and Supervision: Hospitals have a duty to properly vet and supervise their staff. Hiring staff without proper credentials or failing to provide adequate supervision can lead to hospital liability.
    • - Inadequate Staffing: If a hospital fails to staff adequately, leading to patient harm due to a lack of attention or delayed treatment, the hospital can be held liable.
    • - Facility Safety and Maintenance: Hospitals are responsible for maintaining a safe environment. This includes ensuring that medical equipment is functioning correctly and that the facility adheres to health and safety standards.

    3. Hospital’s Policies and Procedures:

    • - Standard of Care Violations: If hospital policies and procedures are in violation of the accepted standard of care, and a patient is harmed as a result, the hospital can be held liable.
    • - Enforcement of Rules: Hospitals must not only have proper policies in place but also actively enforce them. Failure to enforce, leading to patient harm, can result in liability.

    4. Independent Contractors:

    • - Complexities in Liability: Some medical professionals working in a hospital may be independent contractors, complicating the liability issue. Generally, hospitals are not liable for the negligence of independent contractors.
    • - Apparent Agency: However, if the hospital presents these contractors as its employees, a concept known as "apparent agency" or "ostensible agency" may apply, potentially holding the hospital liable.

    5. Emergency Room Errors:

    • - High-Risk Area: Emergency rooms are high-stakes environments where errors can have serious implications. Mistakes in this setting, often due to rushed decisions or overcrowding, can lead to hospital liability.

    6. Hospital-Acquired Infections:

    • - Preventable Conditions: Patients who acquire infections while in the hospital, particularly if due to poor sanitary conditions or inadequate infection control practices, may have a claim against the hospital.

    7. Legal Challenges:

    • - Burden of Proof: Proving hospital liability involves demonstrating that the hospital’s negligence directly caused harm. This often requires extensive medical records, expert testimony, and a thorough investigation.
    • - Defenses: Hospitals often have robust legal defenses and may argue that the harm was not due to negligence but rather an unavoidable complication.

    8. Surgical Errors:

    • - Serious Complications: Mistakes during surgery, such as operating on the wrong body part or leaving surgical instruments inside a patient, are grounds for a lawsuit.
    • - Hospital Responsibility: Hospitals are responsible for ensuring that their surgical teams follow standard protocols to prevent such errors.

    9. Misdiagnosis or Delayed Diagnosis:

    • - Impact: A misdiagnosis or delayed diagnosis can lead to a lack of necessary treatment, resulting in the progression of a disease or condition.
    • - Accountability: If such errors are due to negligence or failure to follow appropriate diagnostic procedures, the hospital may be liable.

    10. Birth Injuries:

    • - Devastating Consequences: Mistakes made during childbirth can result in injuries to the baby or the mother. These include errors in handling birth complications or failure to perform necessary C-sections.
    • - Hospital’s Role: Hospitals are expected to provide adequately trained staff and maintain proper standards of care during childbirth.

    11. Medication Errors:

    • - Risks Involved: Administering the wrong medication or dosage can have serious health implications.
    • - Hospital Procedures: Hospitals are responsible for accurate medication management and administration.

    12. Infections and Sanitation Issues:

    • - Hospital-Acquired Infections: Patients can acquire infections in a hospital due to unsanitary conditions or improper procedures.
    • - Standard of Care: Hospitals are obligated to maintain cleanliness and follow infection control protocols.

    13. Insufficient Staffing or Training:

    • - Impact on Patient Care: Understaffing or inadequately trained staff can lead to patient neglect and errors in treatment.
    • - Legal Implications: Hospitals can be sued for not providing sufficient or properly trained personnel to ensure patient safety.

    14. Violation of Patient Rights: 

    • - Legal Protections: Patients have rights regarding their treatment, privacy, and decision-making processes. Violation of these rights can be grounds for a lawsuit. 
    • - Hospital Obligations: Hospitals must respect patient rights and ensure that their policies and practices comply with legal standards.


    Suing a hospital in Illinois is a complex process that requires a deep understanding of medical malpractice and negligence laws. If you or a loved one has suffered due to a hospital’s actions or inactions, it's important to know that you have rights and legal options. Consulting with an experienced personal injury attorney can provide clarity on whether you have a viable case and guide you through the intricacies of the legal process. Remember, the goal of such legal action is not only to seek compensation for the harm suffered but also to promote higher standards of care and prevent future incidents.

    Working with Palermo Law Group

    When faced with the unfortunate circumstance of experiencing medical negligence, Palermo Law Group stands ready to assist you in seeking justice. Our experienced team of medical malpractice lawyers specializes in navigating the complexities of medical malpractice lawsuits. We offer a free consultation to discuss your case and provide legal advice tailored to your specific situation. As a trusted law firm, we are committed to advocating for your rights and ensuring you receive the compensation you deserve.

    For a free consultation contact our law firm by calling (630)684-2332 or visit our website at


    Mario Palermo is the Founder and Lead Attorney at Palermo Law Group in Oak Brook, Illinois. For the past 26 years, he has worked tirelessly to help injury victims and their families in their times of need. He is a seasoned authority on civil litigation, and also a member of the Million Dollar Advocates Forum, a prestigious group of trial lawyers who have won million and multi-million dollar verdicts and settlements. Mr. Palermo has been named a “Leading Lawyer” by his peers in 2015, 2016, 2017, 2018, 2019, 2020, 2021 and 2022.

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