When Is a Surgical Error Medical Malpractice in Illinois?

 Posted on December 22, 2025 in Medical Malpractice

Surgery is never risk-free. Even when a doctor follows proper steps, complications can still happen. When something goes wrong, you need to know whether the mistake counts as medical malpractice. Not every surgical problem qualifies as malpractice. Speak with our Cook County, IL medical malpractice lawyer to understand whether a surgeon crossed a legal line. We can help you build your malpractice claim and pursue compensation for your losses.

What Is a Surgical Error in Illinois?

Surgical errors can happen before, during, or after surgery. Some mistakes are obvious right away. Others may not become clear until weeks or even months later.

Common examples of surgical errors include:

• Operating on the wrong body part or patient, which is usually preventable

• Leaving tools or sponges inside the body, often leading to infection or more surgery

• Avoidable nerve or organ damage caused by careless technique

• Failing to respond to complications such as bleeding or infection

• Poor care before or after surgery, including planning or follow-up mistakes

Illinois law looks at whether the mistake could have been avoided and whether it caused harm. Some complications happen even when a surgeon follows proper procedures. Others may point to a failure to do the job.

When Does a Surgical Mistake Become Medical Malpractice?

A surgical error becomes medical malpractice when the surgeon fails to meet the accepted standard of care, harming a patient as a result. This standard of care refers to what a careful and trained surgeon would have done in the same situation.

If a surgeon makes a reasonable medical decision that does not work out, that is not always malpractice. If the surgeon ignores safety rules, skips important steps, or makes a mistake that could have been avoided, the situation may qualify as malpractice.

What Has To Be Proven in a Surgical Malpractice Case?

To bring a medical malpractice claim in Illinois, you must prove several key points, and each one must be supported by evidence. You must show that the surgeon owed you a duty of care as your treating medical provider. Then, your evidence must show that the surgeon failed to meet the accepted standard of care.

You must also show that this failure directly caused your injury, rather than a poor outcome that could have happened even with proper care. In addition, you must demonstrate that you suffered real harm, such as physical injury, the need for additional medical treatment, or lasting complications. An attorney can help gather medical records, expert opinions, and other evidence needed to support each part of the claim.

Which Illinois Laws Apply in Surgical Malpractice Cases?

Illinois law, under 735 ILCS 5/2-622, requires a written affidavit and a medical professional’s report stating that your claim has merit. You need this to move forward with your case.

Deadlines also apply. Under 735 ILCS 5/13-212, most malpractice lawsuits must be filed within two years of when the injury was discovered or should have been discovered. There are additional limits that apply even if the injury is discovered later.

Schedule Your Free Consultation With a Chicago, IL Medical Malpractice Attorney

At Adler Injury Law, Ltd., we help people hold negligent healthcare providers responsible for their harmful actions. Speaking with our Cook County, IL medical malpractice lawyer is the first step.

Attorney Charles Adler places a high priority on fighting for his clients’ rights against large insurance companies. Our team understands how these cases are defended and how to respond when insurers try to minimize serious injuries. Call us today at 312-236-2700 to schedule your free consultation.