Chicago Nursing Malpractice Lawyer

Fighting for Maximum Compensation After Nursing Malpractice Injuries in Chicago

Chicago nursing malpractice lawyer representation is available at Rosenfeld Injury Lawyers for individuals harmed by a nurse’s negligence.

If you or a loved one has suffered due to nursing malpractice, you may be entitled to compensation for medical expenses, lost income, and pain and suffering. Rosenfeld Injury Lawyers can help investigate your claim, hold negligent nurses, hospitals, and healthcare providers accountable, and fight for the justice you deserve.

Our medical malpractice law firm in Chicago has successfully represented victims of medical negligence throughout Cook County and across Illinois. Contact us for a free consultation today!

Settlements Recovered by Our Law Firm in Chicago, IL

Below are some medical malpractice settlements we have recovered on behalf of victims and their loved ones:

• $12,000,000 – Settlement for a patient who suffered brain damage and a below-the-knee amputation due to a surgical error during cardiothoracic surgery.
• $9,000,000 – Wrongful death settlement for the family of a 63-year-old man sent home from the ER despite chest pain; he died hours later of a heart attack.
• $7,500,000 – Payout in a maternal death case where an OB-GYN and nursing staff failed to treat hemorrhaging during childbirth, leaving behind a husband and newborn.
• $5,000,000 – Settlement for failure to diagnose lung cancer in a 55-year-old woman; doctors missed signs on repeated X-rays over two years.

We can help you recover compensation following nursing negligence in hospitals such as Advocate Christ Medical Center, Loyola University Medical Center, Stroger Hospital of Cook County, Advocate Illinois Masonic Medical Center, Mount Sinai Hospital, and others.

What is Considered Nursing Malpractice in Illinois?

Nursing malpractice occurs when a nurse fails to provide care that meets the accepted medical standard, resulting in injury, illness, or death to a patient.

Unlike medical malpractice, which can involve doctors, surgeons, and other healthcare providers, nursing malpractice specifically focuses on the negligence of nurses in hospitals, nursing homes, and other long-term care facilities.

Common Types of Nursing Malpractice

Nurses are the frontline caregivers in Chicago hospitals, nursing homes, and long-term care facilities, playing a crucial role in patient health. However, when they fail to meet the required standard of care, the consequences can be life-threatening.

Medication Errors

Medication administration is one of a nurse’s most critical responsibilities, yet it’s also one of the most common sources of malpractice. Common medication errors include:

• Giving the wrong medication due to misreading a chart
• Overdosing or underdosing, which can lead to organ failure or ineffective treatment
• Administering medications at the wrong time, reducing effectiveness
• Missing doses, leading to complications like blood clotting, seizures, or pain crises

Medication errors often stem from understaffing, miscommunication, or fatigue, but regardless of the reason, nurses and hospitals can be held accountable for these mistakes.

Failure to Monitor

Hospitalized and nursing home patients often require continuous monitoring, especially after surgery, trauma, or while taking high-risk medications. Lapses in monitoring can lead to:

• Falls and fractures
• Sepsis and infections
• Respiratory distress or heart failure

A nurse’s duty is not just to respond to issues but to actively prevent them. Failure to do so can be considered nursing malpractice.

Failure to Communicate

Nurses act as the bridge between patients, doctors, and family members, ensuring that critical health information is accurately shared. Examples of nursing malpractice related to poor communication include:

• Failing to report critical test results to doctors
• Miscommunicating medication instructions to the next nurse on shift
• Not informing family members about a patient’s condition or major changes in treatment
• Ignoring a patient’s complaints of pain, dizziness, or shortness of breath

Clear, accurate, and timely communication is a fundamental part of a nurse’s duty of care. When failures in communication result in harm, both the individual nurse and hospital may be held legally responsible.

Improper Treatment or Procedures

Nurses are expected to follow established medical protocols for treatments, wound care, and medical procedures. Examples of improper nursing procedures include:

• Using unsterile medical equipment, leading to infections
• Incorrectly placing IV lines or feeding tubes, causing internal damage
• Failing to change wound dressings, leading to severe infections or sepsis

Hospitals, long-term care facilities, and health care providers are expected to ensure that nurses are properly trained and supervised to prevent these errors.

Documentation Errors

Accurate medical records guide patient care, allowing doctors and nurses to make informed decisions. When nurses fail to document medications, symptoms, or test results correctly, it can lead to misdiagnosis, incorrect treatments, and preventable injuries.

Common documentation errors that lead to malpractice include:

• Failing to record medication administration, leading to accidental overdoses or missed doses
• Charting incorrect patient information, such as allergies or previous surgeries
• Not updating patient symptoms or vital signs, delaying necessary treatment

Documentation errors may seem like clerical mistakes, but in high-stakes medical environments, they can be the difference between life and death.

Proving Nursing Malpractice in Illinois

Successfully pursuing a nursing malpractice case requires demonstrating that a nurse’s negligence directly caused harm to a patient. This involves establishing the standard of care, proving a breach of duty, and showing a clear connection between the nurse’s actions and the injury.

Establishing the Standard of Care

In a nursing malpractice case, the standard of care refers to the level of competence and care that a reasonably skilled nurse would provide under similar circumstances.

In Chicago, the Illinois Nurse Practice Act (225 ILCS 65/) establishes the legal framework for nursing practice. It defines the scope of practice, licensure requirements, and standards for professional conduct. Key provisions relevant to nursing malpractice include:

All individuals practicing nursing in Illinois must hold a valid license appropriate to their level of practice—Registered Professional Nurse (RN), Licensed Practical Nurse (LPN), or Advanced Practice Registered Nurse (APRN). Practicing without a valid license is prohibited.

RNs are authorized to delegate nursing interventions to other RNs, LPNs, and unlicensed personnel based on a nursing assessment. However, they cannot delegate nursing judgment, comprehensive patient assessments, the development of care plans, or the evaluation of care to licensed or unlicensed personnel. Improper delegation can lead to legal implications.

At the national level, the American Nurses Association (ANA) provides the “Nursing: Scope and Standards of Practice,” which defines the tasks and responsibilities that a licensed healthcare professional is trained, authorized, and capable of performing within their field of expertise.

The nursing standard of care is further defined by the Illinois Department of Public Health (IDPH), as well as individual healthcare facilities such as hospitals or nursing homes. When a nurse’s actions (or inactions) fall below this standard, they may be held legally liable for the harm resulting from the negligent care.

Breach of Duty

Once we establish the standard of care, we must prove that the nurse failed to meet it. A breach of duty can happen in several ways:

• Administering the wrong medication or an incorrect dosage
• Failing to monitor a patient’s condition, leading to preventable complications
• Ignoring a patient’s distress signals or symptoms of a worsening condition
• Improperly using medical equipment (e.g., incorrect catheter insertion, IV misplacement)

To establish a breach of duty, our attorneys will gather medical records, witness testimony, and expert analysis.

Causation

To win a nursing malpractice case, it must be proven that the nurse’s negligence directly caused harm to the patient. This can be challenging, as hospitals and medical providers may argue that the injury was due to an underlying medical condition rather than nursing negligence.

A strong legal case will include:

• Medical expert testimony linking the nurse’s actions to the injury or illness
• Timeline analysis showing when and how the malpractice occurred
• Medical records documenting errors, failures, or delays in care

Damages

If nursing malpractice caused harm, the patient or their family members may be entitled to compensation for:

• Medical bills – Hospital expenses, ongoing medical treatment, rehabilitation, and therapy
• Lost wages – If the patient was unable to work due to the injury
• Pain and suffering – Physical and emotional distress caused by medical negligence
• Wrongful death – If a loved one died due to nursing malpractice, their entire family may recover damages for funeral costs, loss of companionship, and emotional suffering

Your nursing negligence attorney will work to secure maximum compensation for victims of nursing negligence.

The Role of a Chicago Medical Malpractice Lawyer

In Chicago, hospitals such as Northwestern Memorial Hospital, Rush University Medical Center, and the University of Chicago Medical Center are responsible for ensuring that their nurses provide proper care. If these hospitals fail to uphold patient safety, they may be liable for negligence and malpractice.

Pursuing a medical error claim requires extensive medical knowledge, legal strategy, and investigative work. Hospitals and healthcare providers often deny wrongdoing, making it difficult for patients to prove negligence without legal representation.

A Chicago personal injury lawyer plays a critical role in building a strong case, identifying liable parties, and securing fair compensation for victims.

Investigating the Case

The first step in any nursing negligence lawsuit is conducting a thorough investigation to gather evidence of negligence. Our legal team works to:

• Obtain and analyze medical records to identify errors in treatment, medication administration, or patient monitoring.
• Interview witnesses, including hospital staff, other patients, and family members, to uncover what happened.
• Consult medical experts, such as experienced nurses and physicians, to determine whether the standard of care was violated.

Determining Liability

In nursing medical malpractice cases, multiple parties may be responsible for a patient’s injuries. Our attorneys will identify all potential defendants, including:

• The nurse – If the nurse directly caused harm through negligence, medication errors, or improper treatment.
• The hospital or healthcare facility – If the organization failed to properly train, supervise, or staff nurses, leading to dangerous mistakes.
• Other medical providers – If a doctor, pharmacist, or specialist contributed to the negligence by miscommunicating patient information.

We will identify all responsible parties to maximize the compensation you receive.

Negotiating with Insurance Companies

Hospitals and healthcare providers are backed by powerful insurance companies that work aggressively to minimize or deny liability. A skilled attorney from our team will:

• Handle all communication with the hospital’s insurance team to protect the victim’s legal rights.
• Present strong medical evidence to prove negligence and justify the full extent of damages.
• Negotiate for a fair settlement, ensuring victims receive compensation for medical expenses, lost wages, and pain and suffering.

Litigating in Court

If a fair settlement cannot be reached, a Chicago nursing malpractice attorney can file a lawsuit and take your case to trial. The Cook County Circuit Court is where many medical malpractice cases in Chicago are heard. Our attorneys will:

• File the lawsuit and present compelling evidence before a judge and jury.
• Call expert witnesses to explain how the nurse’s negligence caused harm.
• Fight for the maximum compensation allowed under Illinois law.

One thing of note before taking legal action is that there is a statute of limitations for medical malpractice cases in Illinois (735 ILCS 5/13-212), including those involving nursing.

Under this law, you have a two-year window to file a lawsuit. This two-year period starts from the date you knew—or should have reasonably found out—that you were injured due to negligence. Regardless of when you discover the injury, the law does not allow you to file a lawsuit more than four years after the actual malpractice took place.

If the patient affected by the malpractice was a minor (under 18 years old) at the time, the rules are slightly different. They have up to eight years from the date of the incident to file a lawsuit, but the claim must be filed before they turn 22.

These deadlines are very strict. If you miss them, you will lose the right to seek any compensation. That’s why, if you think you or a loved one has suffered due to nursing negligence, it’s critical to talk to a medical malpractice attorney as soon as possible to make sure you don’t miss any important deadlines.

Consult a Chicago Nursing Malpractice Attorney Near You!

If you or a loved one has suffered due to nursing malpractice in Chicago, you don’t have to face this battle alone. The medical malpractice attorneys at Rosenfeld Injury Lawyers are committed to holding nurses, hospitals, and healthcare providers accountable for their negligence.

We have recovered over $450 million in compensation for victims of medical malpractice cases in Chicago, Cook County, and throughout Illinois. Our law firm handles all cases on a contingency fee basis, meaning you pay nothing upfront and only pay if we recover a settlement or verdict for you.

Call (888) 424-5757 or fill out our contact form to book a free consultation.

Our office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Buffalo Grove, Chicago, Naperville, Springfield and throughout Illinois.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.