Chicago Emergency Room Errors Lawyer
When healthcare professionals in the emergency room make mistakes, lives are shattered. If you or a loved one suffered serious harm because of an ER mistake in Illinois, you deserve answers—and justice.
At Ankin Law, we hold negligent hospitals and careless medical professionals accountable when their failures turn medical emergencies into life-altering tragedies.
With over 100 years of combined experience and a 98% success rate, our Chicago emergency room error lawyers know how to win against powerful hospital systems and insurance companies.
Trust us to protect your future. Call (312) 600-0000 for a free, no-obligation consultation.
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What You Should Know About Emergency Room Errors
Emergency rooms are high-stakes environments. They’re fast-paced, often understaffed, and prone to critical mistakes. If you think ER errors are rare, the numbers tell a different story.
Diagnostic Errors Aren’t Uncommon
- Approximately 5.7% of emergency department visits result in a misdiagnosis or delayed diagnosis, impacting around 7.4 million patients each year in the U.S.
- About 2% of those misdiagnosed patients suffer harm, and nearly 0.3% experience permanent disability or death as a result.
Medication Errors Remain a Serious Threat
- Medication errors occur frequently in the ER due to distraction, protocol breakdowns, and staff overload.
- Although only a small portion of total hospital errors happen in hospital emergency rooms, fewer mistakes are caught in time, making them particularly dangerous in these settings.
Many Mistakes Are Preventable
- One in 14 hospital patients experiences a harmful diagnostic error. Studies show that the vast majority of these mistakes could have been prevented with better oversight and systems.
- Misdiagnosis accounts for roughly 30% of medical malpractice claims involving serious harm in hospitals nationwide.
A small group of serious conditions is responsible for the majority of harmful ER diagnostic errors. These include:
- Stroke
- Heart attack (myocardial infarction)
- Aortic aneurysm or dissection
- Spinal cord compression or injury
- Pulmonary embolism or deep vein thrombosis
These five conditions alone account for nearly 40% of serious misdiagnosis-related injuries in emergency departments.
Emergency Room Overload Increases the Risk of Mistakes in the ER
- Overcrowded emergency rooms, fatigued medical staff, and high patient volumes all increase the likelihood of mistakes.
- Triage errors (where patients are incorrectly prioritized) occur in nearly one-quarter of cases, with critical patients often under-assessed and left waiting too long.
Do You Have an Emergency Room Medical Malpractice Case
Not every bad outcome in the ER is medical malpractice. When a provider deviates from the accepted standard of care and causes harm, you may have grounds for a lawsuit.
To succeed in a Chicago emergency room malpractice case, your attorney must prove:
- A provider-patient relationship existed.
- The provider was negligent (they breached the standard of care).
- The negligence caused your injury or worsened condition.
- You suffered damages as a result (medical costs, lost wages, pain, etc.).
At Ankin Law, we consult with medical experts to review your records, evaluate ER procedures, and determine whether your provider’s actions—or inactions—constitute malpractice.
Call us at (312) 600-0000 Let’s get started with your recovery.
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Injured by a medical provider? Check out our medical malpractice knowledge center to learn more about medical malpractice cases.
Common Injuries Caused by ER Negligence
Emergency room mistakes can result in catastrophic, often irreversible injuries. Some of the most common include:
- Brain damage due to delayed stroke or oxygen deprivation treatment
- Heart damage from misdiagnosed or untreated heart attacks
- Amputation from untreated infections or vascular injuries
- Internal bleeding from missed trauma or improper imaging
- Permanent disability or paralysis
- Death due to failure to treat or delayed diagnosis
Patients may walk into the ER hoping for answers, only to leave in worse condition—or not at all. When that happens, our Chicago emergency room malpractice lawyers are here to fight for justice.
Who Can Be Held Liable for ER Errors?
Depending on the circumstances, several parties may be liable for injuries caused by medical mistakes in the ER.
The Hospital
If the hospital failed to properly hire, train, or supervise staff—or if it was understaffed or failed to maintain protocols—it can be held liable for systemic negligence.
Radiologists or Lab Technicians
Diagnostic delays or misinterpretations of test results can lead to fatal consequences in an ER setting. These professionals may also be named in a claim.
Doctors and Nurses
If individual providers failed to meet the standard of care (e.g., missed diagnosis, incorrect medication, lack of informed consent), they may be personally liable.
Third-Party Medical Contractors
In some cases, ER physicians work as independent contractors. Even then, they can still be held accountable through a malpractice suit.
How Long Do You Have to File a Medical Malpractice Claim in Illinois?
In most cases, Illinois law gives victims of medical malpractice two years from the date they knew or should have known about the injury to file a lawsuit. However, no case can be filed more than four years after the malpractice occurred.
There are exceptions for:
- Minors: Under 18 at the time of the injury? You have up to 8 years, but no later than your 22nd birthday, to take legal action.
- Wrongful death claims: If your loved one died because of a mistake in the emergency room, you typically have 2 years from the date of death to file a lawsuit.
Because ER malpractice cases often involve complex timelines and hidden injuries, it’s critical to consult with our Chicago medical malpractice lawyers as soon as possible. We’ll evaluate your case for free and determine the timeline that applies to your situation.
What Compensation Can You Recover in an Emergency Room Malpractice Case?
If you were harmed by negligence in a hospital emergency room, you may be entitled to significant financial compensation, including:
- Medical expenses (past and future)
- Lost wages and future earning capacity
- Pain and suffering
- Loss of normal life
- Disability and disfigurement
- Wrongful death damages (for surviving family members)
Illinois does not cap damages in medical malpractice cases. Your compensation is determined by the full extent of your losses.
Why Choose Ankin Law for Your Emergency Room Negligence Claim?
At Ankin Law, we’ve been representing injured patients and grieving families in Chicago for over 25 years, and we’ve earned a reputation for aggressive advocacy, compassion, and results.
Hundreds of millions recovered for clients.
We work with top experts to strengthen your claim.
We treat you like family—because your case matters.
You don’t pay us unless we recover compensation for you.
Emergency room errors are a betrayal of trust. When hospitals put profits ahead of patient safety, Ankin Law holds them accountable. Call (312) 600-0000.
What to Do if You Suspect an ER Error Caused Your Injury
If you or a loved one were harmed in the emergency room, and you suspect a negligent medical provider is to blame, here’s what to do:
- Seek medical attention immediately from another provider to address ongoing issues.
- Request your medical records from the ER or hospital.
- Document your symptoms, timeline, and all communications.
- Avoid speaking with hospital risk managers or insurers without legal counsel.
- Contact a medical malpractice lawyer at Ankin Law for a free, confidential review of your case.
Frequently Asked Questions About Emergency Room Errors
What’s the difference between an ER error and general medical malpractice?
An emergency room error is a type of medical malpractice that occurs in an ER setting, often under time-sensitive, high-stress conditions. However, the legal standards for proving negligence remain the same.
Can I sue for a loved one’s death caused by an ER mistake?
Yes. If your family member died due to emergency room negligence, you may be able to file a wrongful death lawsuit in Illinois. Compensation can cover funeral costs, loss of financial support, and emotional suffering.
How much does it cost to hire Ankin Law?
We handle emergency room malpractice cases on a contingency fee basis. That means no upfront fees, and we only get paid if we win your case.
What if the ER doctor was a contractor and not employed by the hospital?
You may still have a claim. Liability in medical malpractice depends on who was negligent—not just who signed the paycheck. We’ll identify all responsible parties.
Injured by an ER Mistake? Ankin Law Can Help
You went to the ER for help. Instead, you were hurt. Don’t let negligent hospitals or insurance companies downplay your injuries or delay the compensation you need to move forward with your life.
For an experienced emergency room malpractice lawyer, call Ankin Law at (312) 600-0000 to schedule your free consultation.