Chicago Gallbladder Malpractice Lawyer

Illinois gives you two years from the date you knew, or reasonably should have known, of the injury to file against a physician, nurse or hospital. The same statute sets an outer limit of four years from the act or omission that caused it.

That outer limit runs from the surgery even if nobody told you what went wrong. Waiting to see whether symptoms settle can therefore cost you the claim itself, which is why we look at the dates first.

A child's claim follows a separate rule: the action may be brought up to eight years after the act, but never after the child's 22nd birthday.

Illinois does not let a malpractice case begin on a complaint alone. Under 735 ILCS 5/2-622, the lawyer must attach an affidavit stating that a qualified health professional has reviewed the facts and concluded, in a written report, that there is a reasonable and meritorious cause for filing.

The reviewer must know the issues in the case and practice or teach, or have done so within the last six years, in the same area of medicine. A separate report is required for each defendant.

In a gallbladder case, that review usually turns on the operative report and the imaging. So the first thing we do for you is request the records, then put them in front of a surgeon who can read them.

A malpractice case against a Chicago hospital or surgeon is usually filed in the Circuit Court of Cook County. The defendants in these cases are generally Illinois doctors and hospitals, so the case tends to stay in state court.

There is also the question of limits on damages. In 2010 the Illinois Supreme Court held the state's cap on noneconomic damages in medical malpractice cases unconstitutional, in Lebron v. Gottlieb Memorial Hospital.

Our Chicago office reviews gallbladder and bile duct injury cases from across Cook County and the rest of Illinois. Founder Adam Zayed is licensed in Illinois and Florida, and the firm works with co-counsel for cases in other states.

Our pages on common bile duct injury and bile leaks after surgery explain how these injuries happen. The medical records checklist shows what to request before your first call.

The consultation is free, and you can call at any hour. There is no fee unless we win.