Surgeon and medical personnel

Medical Malpractice Attorney

When you trust your health to a medical professional and they fail to properly perform their duties, it is a serious betrayal of trust.

The medical malpractice attorneys 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

To prove 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.

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 identify 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 States Statistics 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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Is a lawsuit really worth it?

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 bills.

Hold Negligent Parties Responsible

Filing a lawsuit offers an opportunity 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. 

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 have extensive experience in defending the rights of clients across a variety of cases, 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.

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.

Hospital Infection

Medical professionals have the responsibility to provide patients with clean, sanitary conditions. Studies have shown that 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, including 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.

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, among other factors. Our lawyers in Chicago have a proven track record of establishing the important link between a sub-par surgical experience and your injury, effectively making the case that can recover the damages you need to begin healing. 

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.

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, unfortunately, some others are not. Facilities that are focused only on profit too often deliver substandard care. Patients may be neglected or abused in an understaffed facility, or at the hands of employees who do not have the skills to properly care for patients.

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.

Ensure Your Case Is in Good Hands

Based in Chicago, our attorneys are well-versed in 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.

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

If you think you are a victim of a medical error, don't wait...

Act Quickly to Avoid Missing the Window to File a Lawsuit

With a medical malpractice case, you have a set amount of time 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 underage 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 CaseDepends 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. If you are unable to receive the level of compensation you need through an insurance claim, the next step is to file a lawsuit against the health care provider who wronged you.

While many cases can be settled out of court, we will go to trial if it is the right option for your case.
While many cases can be settled out of court, we will go to trial if it is the right option for your case.

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 assist you in submitting 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.

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. 

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 are well-versed in 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.

Contact Us Today

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Chicago Office

225 W Washington St
Ste 1600
Chicago, IL 60606

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