Medical malpractice is the third leading cause of death in the United States, according to the Journal of the American Medical Association — surpassed only by heart disease and cancer. Despite the Hippocratic oath to "first do no harm," medical errors injure and kill hundreds of thousands of Americans every year. If you or a loved one suffered due to a doctor's negligence, misdiagnosis, surgical error, or medication mistake, Schwaner Injury Law will fight to hold the responsible parties accountable.
Every case is different, but victims of medical malpractice may be entitled to recover:
David J. Schwaner has spent over two decades fighting for Chicago injury victims. With a 98% case recovery rate and more than $10 million recovered for clients, he brings aggressive, experienced representation to every case — from initial consultation through trial if necessary.
You pay nothing unless we win. David handles all case costs upfront, so you can focus on your recovery while he focuses on your justice.
Illinois has a 2-year statute of limitations from the date you knew or should have known of the injury, with a 4-year absolute deadline from the date of the negligent act. Act quickly.
You need to show: (1) a doctor-patient relationship existed, (2) the doctor deviated from the standard of care, (3) the deviation caused your injury, and (4) you suffered damages as a result.
Yes. Illinois law requires an affidavit of merit from a qualified healthcare professional stating that your case has merit. David Schwaner works with leading medical experts to build strong cases.
The standard of care is the level of skill and treatment that a reasonably competent healthcare professional in the same specialty would provide under similar circumstances. Deviating from this standard may constitute negligence.
Many cases settle before trial, but David Schwaner is fully prepared to take your case to court if the defense doesn't offer fair compensation. We never settle for less than you deserve.
Schwaner Injury Law offers free, confidential consultations 24/7. No fee unless we win. Tell us what happened and we'll tell you if you have a case — no obligation.
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From first call to final settlement or verdict — here's exactly how David Schwaner fights for medical malpractice victims in Chicago.
We evaluate your medical malpractice case at absolutely no cost. You'll speak directly with David Schwaner — not a paralegal or intake specialist — about what happened and what your case is worth.
We gather all critical evidence — police reports, medical records, surveillance footage, expert opinions, and witness statements. We send preservation letters immediately to prevent evidence from being destroyed.
We prepare a comprehensive demand package and negotiate aggressively with the insurance companies. We never accept lowball offers. Insurance adjusters know that Schwaner Injury Law is prepared to go to trial.
Most cases settle before trial for fair compensation. If the insurer refuses to offer what your case is worth, David Schwaner takes it to Cook County court and fights for a jury verdict. We don't stop until you're fairly compensated.
You receive your settlement or verdict. Our fee comes only from your recovery — zero out of pocket costs to you. No fee unless we win, guaranteed.
Understanding Illinois law helps you protect your rights. Here's what every medical malpractice victim in Chicago needs to know before speaking with an insurance company.
David Schwaner has recovered over $15 million for injured Chicagoans — including medical malpractice victims with cases just like yours.
Over 20 years handling medical malpractice cases in Cook County courts. David knows the judges, the process, and how to win.
Call or text David Schwaner anytime — day or night. Injured victims don't keep business hours, and neither do we.
No upfront costs. No fees unless we win your case. We advance all litigation expenses so you can focus on healing.
Illinois-specific answers to the questions injured victims ask most. If your question isn't here, call (312) 635-4000 — David answers personally.
Illinois medical malpractice claims must be filed within 2 years of when you discovered (or reasonably should have discovered) the injury, but no more than 4 years from the date of the negligent act (735 ILCS 5/13-212). For minors, the deadline is 8 years from the act, but no later than the minor's 22nd birthday. These deadlines are strict — missing them bars your claim entirely.
To win a medical malpractice case in Illinois, you must prove: (1) a doctor-patient relationship existed, (2) the healthcare provider deviated from the accepted standard of care, (3) that deviation directly caused your injury, and (4) you suffered damages as a result. Illinois requires an affidavit from a qualified medical expert at the time of filing (735 ILCS 5/2-622).
Yes. We handle all types of medical malpractice including birth injuries, surgical errors, misdiagnosis, emergency room negligence, anesthesia errors, and medication mistakes. David Schwaner works with top medical experts to build the strongest possible case and fights insurance companies and hospital systems that try to deny your claim.
Illinois previously had caps on non-economic damages in medical malpractice cases, but the Illinois Supreme Court struck them down as unconstitutional in Lebron v. Gottlieb Memorial Hospital (2010). Illinois now has NO cap on compensatory damages in medical malpractice cases — you can recover the full value of your medical costs, lost income, and pain and suffering.
At Schwaner Injury Law, medical malpractice cases are handled on a contingency fee basis — you pay nothing upfront and no attorney fees unless we win. We also advance all costs of investigation, expert witnesses, and litigation. If we don't recover for you, you owe nothing. Call (312) 635-4000 for a free consultation.
Schwaner Injury Law serves all of Chicago and Cook County for medical malpractice cases. We investigate claims involving surgical errors, misdiagnosis, medication errors, anesthesia mistakes, and birth injuries. Call (312) 635-4000 or submit your case online for a free, confidential consultation. We come to you if needed.
Medical malpractice settlements in Illinois depend on the nature of the negligence and harm caused. Misdiagnosis or delayed treatment cases may settle for $250,000–$1M, while surgical errors or catastrophic injuries can result in $1M–$10M+ awards. Illinois has no cap on compensatory damages in medical malpractice cases. Schwaner Injury Law fights for full compensation.
Under 735 ILCS 5/13-212, Illinois medical malpractice claims must be filed within 2 years of when you knew or should have known of the injury, but no later than 4 years from the date of the negligent act (absolute deadline). For minors, different rules apply. These deadlines are strictly enforced — contact an attorney as soon as you suspect malpractice.
Schwaner Injury Law handles medical malpractice cases throughout the Chicago metropolitan area including Chicago, Evanston, Oak Park, Skokie, Wilmette, Winnetka, Northbrook, Glenview, Schaumburg, Naperville, Downers Grove, Aurora, Joliet, and near major medical centers including Northwestern Memorial, Rush, Advocate Christ, UChicago Medicine, Loyola, and Cook County Health facilities. Wherever you were injured in northeastern Illinois, David Schwaner can help. Call (312) 635-4000 for a free consultation. Available 24/7, no fee unless we win.