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Chicago Medical Malpractice Wrongful Death Attorney

It is estimated between 45,000 to 100,000 hospital patients in the United States die each year due to medical malpractice. As a result, many family members are left with financial burdens due to medical expenses and loss of income in addition to the emotional hardship of dealing with the death of a loved one. An experienced medical malpractice wrongful death attorney from Nemeroff Law Offices can help alleviate the complex legal issues surrounding your claim so that you may spend more time with your family.

How can I prove medical malpractice in my wrongful death claim?

Medical malpractice occurs when a doctor, nurse, hospital or any medical professional deviates from the accepted standard of care that a reasonable person in their field would adhere to. In order to establish a deviation from the standard of care, an experienced medical malpractice attorney will hire medical experts that practice similar medical specialties to the ones responsible in your wrongful death claim. Hiring good, highly competent expert witnesses is vital to the success of a medical malpractice case.

In Illinois, the Code of Civil Procedure requires our firm to hire a medical expert before a lawsuit can be filed to specifically identify in a report what the medical malpractice (deviation from standard of care) was and that a meritorious case exists. This requirement is found at 5/2-622 of the Illinois Code of Civil Procedure.

In addition to hiring experts to establish a deviation from the standard of care, medical experts are also necessary to determine “proximate cause.” This means that a relationship between the deviation from the standard of care and the damage caused by it must be established. Expert witness testimony proving proximate cause, either from a hired expert or from the victim's own treating doctor, is essential to any medical malpractice case.

What damages can be recovered in medical malpractice wrongful death claims?

Illinois law also allows for the families of medical malpractice wrongful death victims to take survivor actions against the parties responsible for the death, in addition to filing a wrongful death lawsuit. Surviving family members may be able to file both claims in the same case. Survivor claims and wrongful death claims differ in the types of damages that are available.

For wrongful death claims due to medical malpractice, the surviving family members generally make the following legal argument:

  • Their loved one died due to a medical error that could have been prevented.
  • The surviving family members have suffered compensable losses as a direct result of the death.
  • The parties responsible for the wrongful death should compensate the survivors for all losses and damages as a result of the death.

In wrongful death claims, surviving family members may be compensated for medical and funeral expenses as well as loss of future financial support and loss of love and companionship.

When filing a survivor claim due to medical malpractice, surviving family members need to be able to show that:

  • Their loved one died due to a medical error that could have been prevented.
  • The medical error caused the deceased pain and suffering prior to death.
  • If the patient had survived, the patient would have been able to sue the medical professional(s) responsible in order to recover compensation for harm done.
  • The medical professional(s) responsible should not be able to escape liability because the patient died.
  • The responsible parties should have to pay damages to the victim's estate

Survivor claims allow for families to recover pain and suffering damages on behalf of their loved one.


We offer a free consultation to evaluate your medical malpractice wrongful death claim. It will cost you nothing to consult with a lawyer to see if you have a case. It is essential that action be taken promptly to preserve evidence, investigate the incident and the conduct of the medical professional(s) involved in order to file a lawsuit within the state imposed statute of limitations.


We give all our personal injury, workers' compensation, wrongful death and medical malpractice clients a promise that if we do not recover monetary damages in your case, we will not charge you an attorney fee. If we take your case, we only get paid if we win your case.

Contact us immediately at 312–629–8800 or complete our online contact form.