Surgeon and medical personnel

Medical Malpractice Lawyer

When you trust your health to a medical professional and they fail to properly perform their duties, the results can be catastrophic.

The medical malpractice lawyers at Rubin & Machado Ltd. in Chicago, IL, can investigate your case and hold negligent parties responsible.

How do I know if I have a medical malpractice case?

Surgeon and medical personnel

There Are Four Basic Requirements for a Claim

A Doctor-Patient Relationship

In a medical malpractice case, you must first prove that you had a physician-patient relationship with the doctor. Usually, this simply means demonstrating that you hired the doctor to treat you.

Doctor Negligence

Being dissatisfied with your results is rarely grounds for a lawsuit. You will also need evidence that the doctor did not provide the proper level of care required under the circumstances.

A Specific Injury

Next, you must link a specific injury to the doctor's carelessness or incompetence. Since many patients are already sick or injured when they visit the doctor, this connection is often difficult to prove without an attorney.

Injury-Related Damages

The final step in determining whether you have a case for medical malpractice is identifying whether you suffered harm as a result of your injury. Common types of damages include physical pain, emotional suffering, medical expenses, and lost wages.

Ensure Your Case Is in Good Hands

Based in Chicago, our attorneys understand the laws and stipulations surrounding medical malpractice cases and have a proven track record of securing damages for the physical injuries and emotional losses suffered by victims of medical negligence.

We Get Results For Victims of Medical Negligence

$12 Million

Rubin & Machado's lawyers secured a $12 million settlement for a child who now suffers from cerebral palsy due to delayed delivery. The settlement will be used to pay for the lifelong care the child now requires.

$5.35 Million

Emilio E. Machado, Stephanie B. Rubin, and Edward M. Rubin achieved a jury award of $5.35 million for the family of a woman who died after going nearly two months with an undiagnosed bowel obstruction.  

$4.25 Million

Rubin & Machado reached a $4.25 million dollar settlement for the family of a 48-year-old father who was left paraplegic following an infection that occurred during hip surgery. The man later died as a result of an unrelated illness.

Schedule a Free Case Evaluation

Attorneys at Rubin & Machado Ltd.

The most effective way to determine whether you have a case for medical malpractice is to speak with a lawyer. 

At Rubin & Machado Ltd., we have spent over 50 combined years representing injured individuals throughout the Chicago area. Our team can investigate your case and recommend the best course of action.

For more information about our legal services, contact our firm online or call (312) 327-1840 today.

Statistics on medical malpractice in the United StatesStatistics on medical malpractice in the United States

What Exactly Is Medical Malpractice?

Medical and healthcare professionals are held to high standards of work and ethics. Patients trust their doctor, nurses, and other staff to be highly trained and provide them with the right treatment. When this standard of care is breached and leads to a patient injury, the victim may be entitled to compensation.

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Benefits of Filing a Lawsuit

Cover Expenses

The effects of medical malpractice can be devastating and often lead to significant expenses. The compensation from a lawsuit can reduce the impact of medical fees and other related expenses.

Hold Negligent Parties Responsible

A lawsuit can allow you to hold negligent medical professionals and institutions accountable for the effects of their actions.

Prevent Others from Suffering

In many cases, bringing medical malpractice to light can prevent others from suffering the same injury in the future.

Successful Verdicts & Settlements

Each case requires an in-depth understanding of the medical and healthcare industry, and how big corporations⏤including hospitals⏤respond to claims of medical negligence. Our medical malpractice attorneys have established a formidable reputation by winning several multimillion-dollar settlements and securing successful verdicts for our clients. 

Do You Deserve Compensation?

Many patients are unsure if they have a valid medical malpractice case, and they often don't know what kinds of damages they can seek for their injuries. By scheduling a no-obligation, no-cost case review with one of our attorneys, you can receive sound legal advice and find out if you should pursue legal action against the medical professionals or facilities that played a role in your substandard medical care.

If you do have a case, we can help relieve the financial burden caused by medical expenses and lost wages. We can also seek compensation for your emotional pain and suffering. By building a strong case with compelling evidence and expert testimony, we can maximize the amount of your ultimate settlement or award.

To schedule a time to discuss your case in detail with one of the attorneys at our law firm, contact us online or call us in Chicago at (312) 327-1840.

One of Chicago's Most Prestigious Law Firms

Our medical malpractice attorneys have established a formidable reputation by winning several multimillion-dollar settlements and securing successful verdicts for our clients. 

Types of Medical Malpractice

Medical malpractice has been reported across sectors, ranging from misdiagnosis and mistreatment to nursing home neglect. The attorneys at Rubin & Machado in Chicago advocate for victims in a variety of case types, including:

Birth Injury

Mistakes made during the birthing process can have tragic lifelong consequences for both family and child. When complications arise during delivery, doctors must be alert to any signs of fetal distress and act within minutes to ensure proper oxygen supply to the fetus and prevent injury. This often involves performing a cesarean section.

If a doctor fails to recognize and respond appropriately to an emergency situation or to ensure that necessary staff and hospital equipment are available, the infant can suffer debilitating injury and/or permanent brain damage.

Learn More about Birth Injury

Failure to Diagnose

Failure to diagnose a medical condition properly and in a timely manner can have catastrophic consequences. A medical professional may not order the right diagnostic tests in time or may attribute symptoms to the incorrect condition. Regardless of the reasons for a misdiagnosis, if it adversely affects a patient's health, victims may be entitled to compensation through a malpractice lawsuit.

Learn More about Failure to Diagnose

Hospital Infection

Medical professionals have the responsibility to provide patients with clean, sanitary conditions. Studies have shown that cases of hospital-acquired infections can be dramatically reduced when reasonable practices are put in place that promote sanitation, such as regular and thorough hand washing. Infection contracted during or immediately following surgery can lead to very serious health problems or death. If you have contracted an infection in the hospital, our medical malpractice attorneys in Chicago can fight for your rights and help secure the compensation you deserve.

Learn More about Hospital Infection

Surgical Errors

When a surgeon breaches the expected standard of care, it can have devastating repercussions. Surgical errors may include performing surgery on the wrong part of the body, negligent use of surgical instruments, or not properly following up with the patient after their procedure. Our lawyers in Chicago have a track record of establishing the important link between a sub-par surgical experience and your injury in order to recover the damages you need to begin healing. 

Learn More about Surgical Errors

Pharmacy Errors

Negligence in a pharmacy setting can mean patients receive the wrong dosage of the correct medication or the incorrect prescription altogether. Other common errors include providing erroneous instructions or incorrectly labeling the prescription bottle. Instead of helping patients as medications should, prescription errors can mean a patient becomes sicker, creating a domino effect of health problems. The pharmacy culture today too often values quickly delivering medications, rather than providing a high quality of care.

Learn More about Pharmacy Errors

Nursing Home Abuse

As our population ages, more of our elderly family members are relying on assisted living facilities to provide around-the-clock support. While some nursing homes are places of comfort and safety, some others are unfortunately not. Facilities that are focused only on profit too often deliver substandard care. Patients may be neglected or abused in an understaffed facility, or suffer at the hands of employees who do not have the skills to properly care for patients.

Learn More about Nursing Home Abuse

Negligent Follow-Up Care

Medical professionals are held to a certain standard of care that must be provided to each patient. If your doctor has failed to administer the appropriate follow-up care after your treatment, you may be entitled to compensation for related injuries or complications such as infection.

Learn More about Negligent Follow-Up Care

Brain Injury

When brain injury occurs as a result of medical malpractice, it is typically the result of a lack of oxygen to the brain. This can occur as a result of anesthesia errors, medication mistakes, or misdiagnosis or failure to diagnose a stroke or heart attack. In addition, a birth injury involving brain trauma can occur if medical professionals don't properly monitor the baby, fail to respond to signs of fetal distress, or don't perform a timely C-section, among other errors. Consult a medical malpractice lawyer as soon as possible if you have a medical malpractice claim.

Learn More about Brain Injury

Wrongful Death

If a patients dies as a result of medical malpractice, certain family members have the right to file a wrongful death lawsuit. In the state of Illinois, surviving spouses and children, including adult children, can file a wrongful death lawsuit. In addition, the parents of a minor child can file suit. In most cases, wrongful death lawsuits must be filed within one year of the death. However, there are exceptions. That is why it is important to discuss your case with a wrongful death and medical malpractice lawyer at our law firm in Chicago.

Learn More about Wrongful Death

Medical Malpractice Is a Leading Cause of Death in the U.S.

Act Quickly to Avoid Missing the Window to File a Lawsuit

With a medical malpractice case, you have a set amount of time in which to sue those responsible for your injuries. The time limit is referred to as a statute of limitations. Illinois has three types of statutes of limitations for medical malpractice lawsuits. 

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Two Years

The basic statute for medical malpractice cases says the suit must be filed within two years of when the victim knew, or should have reasonably known, about the injury.

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Four Years

If the injury is not discovered right away, Illinois law states that the victim has no more than four years after the date when the error occurred.

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Eight Years

For patients who are harmed before they are 18, the statute of limitations to file is eight years after the malpractice occurred. However, the lawsuit must begin before the injured person turns 22.

We Offer Free Consultations and Charge No Recovery Fees

At Rubin & Machado Ltd. in Chicago, we understand how overwhelming the prospect of paying lawyer fees can be while dealing with the consequences of medical malpractice. For all our personal injury clients, we offer consultations free of charge. In addition, we do not charge recovery fees.

The Course of Your Case Depends on Whether You File a Lawsuit

While every case is different, most medical malpractice claims follow one of two routes. Most of our clients will start by filing a malpractice claim with the insurance company representing the negligent party. If you are unable to receive the level of compensation you need through an insurance claim, the next step is to file a lawsuit.

Contact a Lawyer

Your first step is to speak with a medical malpractice lawyer at our Chicago-based law firm. During a free initial consultation, we can determine whether you have a case.

Review Evidence

If we take your case, our team will review your medical records and all other evidence while you focus on recovering and rebuilding.

Insurance Claim

Once we have prepared a case, our attorneys can submit a claim to the insurance provider.

Filing a Lawsuit

If your attorney is unable to secure sufficient compensation through an insurance claim, they can file a lawsuit on your behalf against the negligent party.


Your medical malpractice lawyer will discuss possibilities for a settlement with the other legal team. While many cases can be settled out of court, we will go to trial if it is the right option for your case.


Our team can provide aggressive representation during a trial to ensure you receive sufficient compensation to cover your malpractice-related injuries.
While many cases can be settled out of court, we will go to trial if it is the right option for your case.

Why Hire Us 
for Legal Counsel and Representation?

Seeking compensation for physical and emotional damages is just one part of a successful medical malpractice lawsuit. An attorney can help you navigate legal loopholes and build a strong case to support your medical negligence claim.

Based in Chicago, our attorneys understand the laws and stipulations surrounding medical malpractice cases and have a track record of securing damages for the physical injuries and emotional losses suffered by victims of medical negligence.

Contact us online or call us at (312) 327-1840 to have an attorney review your case.

Compensatory damages, which are also known as actual damages, are awarded to cover any expenses related to the injury. 

Damages in Medical Malpractice Cases Compensatory Damages

Compensatory damages, which are also known as actual damages, are awarded to cover any expenses related to the injury. The medical malpractice lawyers at our law firm in Chicago will seek monetary compensation for the following damages:

Medical Expenses

It is important to have complete documentation of all of the medical costs related to the diagnosis, treatment, and rehabilitation of the injuries. In your medical malpractice claim, the attorneys at our law firm will seek to recoup all fees related to your medical care, including the care itself and any expenses related to treatment, such as your time and transportation costs.

Lost Wages

When medical malpractice results in injuries, it typically affects their ability to do their job. Whether you were temporarily out of work or suffered permanent disability that affects your wage-earning potential, we will pursue compensation for past and future lost wages. The attorneys at our law firm will detail how your injuries affect your ability to earn a paycheck.

Pain and Suffering

Compensation for pain and suffering is more difficult to determine because there aren't often bills, invoices, or pay stubs that can help us assess the costs of these damages. However, we will build a strong case, which may include the use of expert medical witnesses who can explain how the medical malpractice affected your emotional well being and quality of life.

​Punitive Damages

Punitive damages are awarded in cases in which the medical professional or facility engaged in particularly egregious or malicious behavior. The purpose of a punitive damage award is to prevent a similar act from occurring again in the future. Obtaining punitive damages is more difficult. Have a medical malpractice attorney evaluate your case to determine if pursuing punitive damages is appropriate.

It is critical to have an experienced attorney when filing any type of personal injury case, but medical malpractice requires particular skill and experience. The attorneys at Rubin & Machado Ltd. have a track record of successfully litigating these types of lawsuits.

Personal Injury vs. Medical Malpractice Cases

Medical malpractice falls under the umbrella of personal injury law. Personal injury claims can be filed when a person is injured due to another party's reckless or negligent behavior. Many case types are filed as personal injury claims, including car accidentspremises liabilitydog bites, and defective products.

Medical malpractice is another type of personal injury case. These are typically more complex personal injury claims, and it can be more difficult to establish liability and obtain compensation. Medical malpractice cases can involve birth injury, failure to diagnose medical conditions, discharging patients too soon, and many other actions that breach the standard of care.

It is critical to have an experienced attorney when filing any type of personal injury case, but medical malpractice is a specialized area. The attorneys at Rubin & Machado Ltd. can litigate these types of lawsuits.

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Rubin & Machado Ltd.

As a leading personal injury firm in Chicago, Rubin & Machado Ltd. is affiliated with: 

  • American Association for Justice
  • Illinois Trial Lawyers Association
  • Hispanic Lawyers Network
  • Illinois State Bar Association

To schedule your free consultation, contact us online or call us at (312) 327-1840.

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