Losing a loved one is always painful, but when their death happens because of a hospital’s mistake, it can be even harder to accept. Families dealing with this kind of loss often wonder if they have legal options. The simple answer to the question, “Can you sue a hospital for wrongful death in Chicago?” is yes—if the hospital’s negligence directly caused the death, the surviving family members may have the right to file a lawsuit.
Hospitals have a legal duty to provide proper medical care. When doctors, nurses, or other medical staff fail to meet this standard—whether through misdiagnosis, surgical errors, or improper treatment—it can lead to fatal consequences. If negligence is proven, the hospital can be held accountable under Illinois wrongful death laws.
Understanding wrongful death claims is important, especially when a hospital’s actions may be responsible. These cases can be complex, and state laws play a big role in determining who can file a lawsuit and what kind of compensation is available. This article breaks down the key details of suing a hospital for wrongful death in Chicago, so families know their rights and the steps they can take.
What is a Wrongful Death Claim Against a Hospital?
A wrongful death claim is a legal action brought by surviving family members when a person dies due to someone else’s negligence. In the case of a hospital, this means that a doctor, nurse, or other medical staff made a mistake that directly led to the patient’s death. This could include failing to diagnose a condition, making an error during surgery, or giving the wrong medication.
Not every hospital-related death qualifies as wrongful death. For a lawsuit to be valid, the hospital’s actions (or lack of action) must have been negligent. This means they failed to provide the standard level of care expected in a medical setting. If that failure caused the patient’s death, the hospital could be held legally responsible.
Illinois Laws on Wrongful Death Lawsuits
What is the Illinois Wrongful Death Act?
The Illinois Wrongful Death Act is a law that allows families to sue if a loved one dies because of someone else’s negligence or misconduct. This includes hospitals, doctors, or medical staff who failed to provide proper care, leading to a patient’s death. The law helps families get compensation for their loss.
Who Can File a Wrongful Death Claim in Chicago?
Not just anyone can file a wrongful death lawsuit. In Illinois, only the personal representative of the deceased person’s estate can file the claim. This is usually a close family member, like a spouse, parent, or adult child. If the deceased didn’t name a representative, the court may appoint one.
Statute of Limitations for Filing a Wrongful Death Lawsuit
There is a time limit for filing a wrongful death lawsuit. In Illinois, families generally have two years from the date of death to file a claim. If they miss this deadline, they may lose their chance to seek compensation. However, certain cases, like those involving government hospitals, may have different deadlines. It’s best to consult a lawyer as soon as possible.
How to Prove Hospital Negligence in a Wrongful Death Case
To win a wrongful death lawsuit against a hospital, the family must prove that the hospital was negligent. This means showing four key things:
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Duty of care – The hospital had a legal responsibility to provide proper medical treatment.
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Breach of duty – The hospital failed to meet the standard of care, making a mistake that other medical professionals would not have made.
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Causation – The hospital’s mistake directly caused the patient’s death.
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Damages – The death resulted in real losses, such as medical bills, lost income, and emotional suffering.
Hospital negligence can take many forms. Some of the most common include surgical mistakes, failure to diagnose serious conditions, incorrect medication, and poor patient monitoring. Because proving negligence can be difficult, expert witnesses—usually other doctors—are often brought in to explain how the hospital failed in its duty of care.
Compensation in a Wrongful Death Lawsuit
Families who file a wrongful death claim can seek compensation for different types of losses. Economic damages cover measurable losses like medical bills, funeral expenses, and lost income that the deceased would have earned. Non-economic damages include pain and suffering, loss of companionship, and emotional distress. In rare cases, punitive damages may be awarded to punish the hospital for extreme negligence.
In Illinois, any money awarded in a wrongful death case is usually given to the deceased person’s spouse and children. If there are no immediate family members, other relatives or the estate may receive the compensation. The court will decide how the money is divided among the family based on their financial dependence on the deceased.
How to File a Wrongful Death Lawsuit Against a Hospital in Chicago
Filing a wrongful death lawsuit against a hospital involves several steps. First, the family must gather medical records and other evidence to support the claim. A legal complaint is then filed in court, outlining how the hospital was negligent. The hospital will respond, and both sides will begin exchanging information and evidence.
Hiring a wrongful death attorney is extremely important in these cases. A lawyer can handle the legal process, gather expert testimony, and negotiate with the hospital’s insurance company. Many cases are settled before trial, but if the hospital refuses to offer fair compensation, the case may go to court. A trial can take months or even years, depending on the complexity of the case.
Choosing the Right Wrongful Death Lawyer in Chicago
Finding the right lawyer can make a big difference in the outcome of a wrongful death case. Families should look for an attorney who specializes in medical malpractice and wrongful death lawsuits. Experience with hospital cases is crucial since these claims often involve large healthcare companies and their legal teams.
Before hiring a lawyer, families should ask important questions such as:
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How many wrongful death cases have you handled?
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What kind of results have you achieved in similar cases?
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Do you work on a contingency fee basis (meaning no payment unless the case is won)?
Contact Chicago Wrongful Death Attorney For Help
If you believe a hospital’s negligence caused the death of a loved one, you may have the right to seek justice. The legal team at Phillips Law Offices has years of experience handling wrongful death claims in Chicago. We understand the pain families go through and work hard to get them the compensation they deserve.
Contact our Wrongful Death Attorney in Chicago today for a free consultation. We will review your case, explain your legal options, and help you take the next steps toward holding the hospital accountable.
Interesting Reads:
Do I Need a Lawyer in Aurora to Prove a Wrongful Death?
What Type of Incident Qualifies As a Wrongful Death Lawsuit?
Can An Expert Witness Help With My Chicago Wrongful Death Claim?
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