Morrissey Legal Group, LLC 2026-07-22T18:43:53Z https://www.morrisseylegalgroup.com/feed/atom/ WordPress /wp-content/uploads/sites/1503770/2023/10/cropped-site-icon-1-32x32.png On Behalf of Morrissey Legal Group, LLC <![CDATA[Can incorrect biopsy results support a malpractice claim?]]> https://www.morrisseylegalgroup.com/?p=57001 2026-07-16T16:30:22Z 2026-07-16T16:30:22Z Not every incorrect biopsy result supports a claim An incorrect biopsy result alone is not enough to support a medical malpractice claim. Medicine is complex, and not every unexpected outcome or revised diagnosis means a health care provider acted negligently. Under Illinois medical malpractice law, the question is whether the provider met the accepted standard of care under the circumstances. If another qualified medical professional could have made the same decision based on the available information, the error may not amount to malpractice.

Circumstances that may support a claim

An incorrect biopsy result may support a medical malpractice claim when negligence caused the mistake and you suffered preventable harm as a result. For example, a claim may be possible if:
  • A biopsy sample was misread when the findings should have been recognized
  • An incorrect result delayed treatment for a serious condition
  • You underwent unnecessary surgery, medication or other treatment because of the mistake
In these situations, the issue is not simply that the biopsy was wrong. Instead, it is whether the error was completely avoidable and whether it changed your medical outcome.

The details of your situation matter

The facts of your case ultimately determine whether an incorrect biopsy result could support a claim. A provider's decisions, the information available at the time and whether additional testing or follow-up should have occurred can all affect the answer. Even when two people receive incorrect biopsy results, the legal outcome may be different because the circumstances surrounding each case are unique. Looking at the full picture helps determine whether the biopsy error was an unfortunate outcome or a preventable one.

Learn whether your situation may qualify

If an incorrect biopsy result caused additional harm, it is worth finding out whether the mistake is a case of malpractice through legal guidance. An experienced attorney can review what happened, explain how Illinois law may apply to your situation and help you understand whether you may have grounds to pursue a claim.]]> On Behalf of Morrissey Legal Group, LLC <![CDATA[3 ways medical malpractice leads to birth injuries]]> https://www.morrisseylegalgroup.com/?p=56993 2026-06-29T12:26:04Z 2026-06-29T12:26:04Z Birth injury basis Birth injuries, or injuries sustained by your baby during the labor process, can count as medical malpractice under Illinois law. However, not all birth injuries qualify as such. It may be due to unavoidable complications or a pre-existing condition. Noticing signs of malpractice may help you gather evidence and hold caregivers accountable. Should you choose to file a lawsuit for medical malpractice due to your child’s birth injury, take note of the law. You must typically file malpractice lawsuits for minors within 8 years of the injury, meaning by their 8th birthday for a birthday injury, but strictly before their 22nd birthday under Illinois law.

Delayed medical interventions

Prolonged labor can increase the risk of birth injuries. Any delay in crucial medical decisions such as emergency C-sections or medication-induced labor can result in harm. For example, Hypoxic-Ischemic Encephalopathy (or prolonged oxygen deprivation) can be a result of delayed births.

Overlooked fetal distress

Abnormal fetal heart rates (such as a sudden drop or a spike) may be a sign that your baby is unwell. Fetal distress is attributed to a number of factors like restricted blood flow and other labor complications. When your medical team spots signs such as fewer fetal movements or unusual heart rates, delays can cause harm.

Unsafe delivery methods

Misusing tools like the forceps and exerting too much force can lead to serious injury to the baby. They may even result in spinal injuries or fractures. Doctors should be more careful and precise when handling your baby. In addition, improperly administering medication can also be unsafe in delivery. The wrong dosage of drugs used to induce labor can restrict oxygen and blood to your baby.

Combating medical malpractice in childbirth

If you have reason to believe your child sustained a birth injury due to medical malpractice, consider your legal options. Illinois law requires you to obtain an Affidavit of Merit to proceed with a claim. It is recommended that you obtain medical documentation regarding your labor and delivery. A licensed medical or health expert must review your records and verify that malpractice has occurred. Meanwhile, a legal professional can help you file your complaint and negotiate to recover damages for your baby.]]> On Behalf of Morrissey Legal Group, LLC <![CDATA[Does a delayed diagnosis qualify for medical malpractice?]]> https://www.morrisseylegalgroup.com/?p=56979 2026-06-04T13:45:08Z 2026-06-04T13:45:08Z Is every delayed diagnosis malpractice? Medical malpractice occurs when a healthcare provider deviates from accepted standards of care, causing harm to a patient. A delayed diagnosis does not automatically mean malpractice occurred. Some conditions are genuinely difficult to identify, especially in the early stages. The key question is whether your doctor acted reasonably given your symptoms and circumstances. To determine whether malpractice may have occurred, consider these questions:
  • Did they order appropriate tests?
  • Did they consider the most likely diagnoses based on your presentation?
  • Did they follow up when initial tests came back inconclusive?
In Illinois, doctors must provide the level of care that a reasonably skilled doctor in the same field would provide under similar circumstances. Courts often compare a doctor's actions to accepted medical standards. They do not expect perfect care or perfect results. This standard recognizes that medicine is not an exact science and that reasonable physicians may reach different conclusions when faced with the same facts.

When do delays become negligence?

A delayed diagnosis may be malpractice if a healthcare provider failed to provide reasonable care. This might happen if your doctor ignored obvious symptoms, failed to order standard diagnostic tests or dismissed your concerns without proper investigation. For example, if you presented with classic symptoms of a heart attack but your doctor attributed them to indigestion without performing cardiac tests, this could represent a deviation from acceptable care. For example, test results may point to cancer. If a doctor fails to follow up or refer you to a specialist, that delay could be negligence.

Why is proving harm important?

In Illinois, you must show that the delayed diagnosis caused harm. This means showing that an earlier diagnosis would have led to better outcomes. If the delay did not change your prognosis or treatment options, you might not have a viable malpractice claim, even if the diagnosis was unreasonably delayed. The harm might include disease progression that could have been prevented, the need for more aggressive treatment, reduced chances of recovery or additional pain and suffering. Medical experts often explain how the delay affected your condition and whether earlier treatment could have improved the outcome. Timeliness is also critical in Illinois. In most cases, state law gives you two years to file a claim after discovering the injury. However, you generally cannot file more than four years after the medical error occurred.

Your knowledge may protect your interests

Understanding the difference between a difficult diagnosis and a negligent delay can help you evaluate your situation more clearly. If a delayed diagnosis led to additional harm or reduced treatment options, you may have grounds to explore your legal rights. Taking the time to review the circumstances can help you make informed decisions if you plan to seek recovery.]]> On Behalf of Morrissey Legal Group, LLC <![CDATA[How long do you have to file a medical malpractice lawsuit?]]> https://www.morrisseylegalgroup.com/?p=56975 2026-05-06T11:29:18Z 2026-05-06T11:29:18Z Understanding the statute of limitations Illinois law generally gives you two years from the date you knew or should have known about the injury to file a medical malpractice claim. This is known as the statute of limitations. The deadline generally starts when you discover the harm, not necessarily when the medical error occurred. This discovery rule recognizes that some injuries may not become apparent immediately. However, there is also an absolute deadline called the statute of repose. No matter when you discover the injury, you generally cannot file a lawsuit more than four years after the act or omission that caused harm occurred.

Important exceptions to consider

Certain circumstances could extend these deadlines. For instance, if a foreign object was left in your body during surgery, you might have additional time to file. Cases involving minors typically also follow different rules. In Illinois, if you are under 18 at the time of the malpractice, you may file the lawsuit within 8 years of the incident, but no later than your 22nd birthday. Additionally, if a healthcare provider fraudulently conceals their negligence, Illinois law provides a specific extension. You must generally file your lawsuit within 5 years of the date you discovered malpractice.

The importance of acting quickly

Even though you may have up to two years to file your claim, waiting too long could lead to complications. Evidence might disappear, witnesses' memories may fade and medical records could become harder to obtain. If you believe you have been a victim of medical malpractice in Illinois, consider reaching out to an experienced attorney as soon as possible. They can evaluate your situation, determine which deadlines apply to your specific case and help protect your legal rights. Taking prompt action ensures you preserve your ability to seek the compensation you may deserve for your injuries.

Protecting your right to compensation

The time you have to pursue justice for medical negligence is generally very limited. By acting quickly, you might preserve critical evidence and give yourself the best chance at a fair outcome. Your decision to seek legal guidance today could protect your ability to pursue the compensation you deserve in the future.]]> On Behalf of Morrissey Legal Group, LLC <![CDATA[Birth injury or birth complication? How to tell the difference]]> https://www.morrisseylegalgroup.com/?p=56957 2026-04-07T10:28:32Z 2026-04-07T10:28:32Z How these situations are viewed in medical care Not every difficult birth points to a problem in care. The difference often comes down to how the team responded as events unfolded. A birth complication refers to a medical challenge that can arise even when care meets accepted standards, such as breech position or issues with the umbilical cord. In these situations, providers monitor the condition and adjust care based on how the delivery progresses. A birth injury involves harm linked to delayed action or missed warning signs, such as oxygen loss, trauma from delivery tools or a delay in moving to a C-section. In these cases, the key question becomes whether the response matched the situation. This distinction often turns on preventability. A complication may occur despite appropriate care, while an injury raises questions about timing, judgment and whether different decisions could have led to a different outcome.

The importance of medical records

After a delivery, the medical record serves as the primary source of detail. It shows what the care team observed and how they responded over time. Timing plays a central role, especially when a gap appears between a warning sign and the response. At the same time, some records read as incomplete or difficult to interpret, and medical language can obscure how events unfolded without added context. A careful review of the records can help reconstruct the sequence of events and assess whether the response aligned with what the situation required.

When it may help to take a closer look

Questions about the delivery often develop over time, especially as certain concerns begin to stand out:
  • Concerns raised during labor did not prompt a clear response
  • The timeline feels inconsistent or does not match what you were told
  • An emergency decision, such as a C-section, occurred after a delay
  • Ongoing medical issues affect the birthing parent or the child and link back to the delivery
These situations do not always point to a problem in care, but they often lead families to examine the sequence of events more closely.

What this difference can mean

A difficult birth does not always mean that care fell short. Some outcomes reflect known risks that arise even with appropriate management. Others raise questions about whether different decisions could have changed the result. Looking at the difference between a complication and an injury can help you better understand what happened and consider what steps may come next.  ]]> On Behalf of Morrissey Legal Group, LLC <![CDATA[Could ignoring placental abruption warning signs cost a life?]]> https://www.morrisseylegalgroup.com/?p=56944 2026-02-26T13:59:57Z 2026-02-26T13:59:57Z Placental abruption is a serious pregnancy emergency. It occurs when the placenta separates from the uterus too early, before the baby is born. The placenta gives the baby oxygen and nutrients. When it separates too soon, both the mother and baby can face danger. In Chicago hospitals, doctors and nurses train to watch for the warning signs. When staff miss or ignore those signs, tragic results can follow.

What is placental abruption?

Placental abruption may cause heavy vaginal bleeding, severe stomach pain, back pain or constant contractions. Some women feel a firm or tender belly. Others notice that the baby is not moving as much as before. Doctors diagnose this by checking symptoms, monitoring the baby's heart rate and using ultrasound imaging. If the baby shows signs of distress, medical teams must deliver the baby quickly. In Illinois, hospitals like Northwestern Memorial often follow a 30-minute rule for emergency C-sections, though doctors often need to act even faster to prevent brain injury or stillbirth.

What happens when warning signs are ignored?

When medical staff do not respond quickly, the placenta can continue to separate. This reduces oxygen to the baby. A lack of oxygen can lead to brain damage or conditions like cerebral palsy. The mother may also suffer severe bleeding. When providers ignore signs like abnormal fetal heart rates, they delay lifesaving treatment.

Why speaking with an attorney may help

When a birth injury happens, families often feel overwhelmed. In Illinois, medical malpractice laws are strict. To start a case, the law requires a qualified doctor to review the records and sign a Certificate of Merit. This step shows the case has a legal basis. An attorney who handles medical malpractice in Chicago can help coordinate this medical review. Families must act quickly because Illinois enforces a Statute of Repose. While some birth injury claims have longer windows, waiting too long can block a claim. Speaking with a lawyer gives families the information they need to make informed decisions about their child's future.]]> On Behalf of Morrissey Legal Group, LLC <![CDATA[Complications during or after surgery: Are they surgical errors?]]> https://www.morrisseylegalgroup.com/?p=56892 2026-01-26T08:11:42Z 2026-01-26T08:09:42Z What does it take for a complication to become malpractice? Illinois defines medical malpractice as a breach of contract based on the health care services a medical professional provides to their patients. Thus, the state can potentially treat surgical errors as medical malpractice claims. However, not every complication that arises during or after surgery is an error. Many risks come with surgery, and oftentimes the process of surgery itself results in painful side effects. For any complications or surgical errors to be considered medical malpractice, they must meet the following criteria:
  • There is a duty of care between the surgeon and the patient.
  • The surgeon did not meet the accepted standard of care.
  • There is evidence that suggests the surgeon’s negligence is responsible for the injury.
  • The patient is suffering physical, emotional or financial harm as a result of the error.
An example of a surgical error that falls under malpractice includes a doctor leaving medical instruments inside a patient’s body after surgery. On the other hand, this is not the case if a patient experiences pain in the area after a successful surgery, as pain is an expected part of the recovery process.

What should one do if they suspect a delayed complication?

If a patient suspects that their health care provider’s inability to act when complications arose led to more serious problems, they may be eligible for compensation. This can happen if a doctor downplays, ignores or fails to spot problems like pain, bleeding or infections during and after a surgical process. Under Illinois law, many malpractice claims must go through an extensive medical review panel process before the case goes to court. The panel reviews all the evidence a provided and delivers an opinion about whether or not a health care provider breached their standard of care. By being aware of when a health care provider fails to meet applicable standards, people can receive financial compensation. With some peace of mind, they can focus on taking the next steps towards recovering from any medical complications.]]> On Behalf of Morrissey Legal Group, LLC <![CDATA[3 birth injury scenarios involving prolonged labor]]> https://www.morrisseylegalgroup.com/?p=56887 2026-01-05T04:49:55Z 2026-01-05T04:48:58Z Extended pushing periods with changes in the baby's heart monitoring During extended pushing, care teams track heart patterns to watch how your baby responds. These patterns may change gradually rather than all at once. You might notice notes about added monitoring, position changes or closer observation. Clinicians often use this information to guide care decisions as labor continues. Reviewing the timing and sequence of these entries may help you follow how staff assessed your baby during longer pushing phases.

Delivery assistance methods after labor lasts longer than expected

When labor continues beyond expected time frames, providers may add delivery assistance to help complete the birth. Illinois hospitals permit these methods when clinical judgment supports their use, but documentation remains important. Pay close attention to records that describe the following:
  • Reason assistance entered the plan
  • Type of support used during birth
  • Point in labor when this change occurred
You may find these details across progress notes, consent forms and delivery summaries.

Delayed symptoms seen in newborns following a lengthy birth

Some concerns may appear days later after you return home. Feeding difficulty, stiffness or breathing changes might lead you to contact a pediatric provider. In some situations, early symptoms prompt families to review newborn exams, discharge notes and follow-up instructions for added context.

Areas that may deserve closer attention

If questions linger after a long delivery, you do not need to settle them all at once. You can start by gathering records, timelines and follow-up notes while details still feel fresh. From there, you may choose to seek clarification about decisions made during labor or observations noted after birth. This step can bring context about a possible birth injury case and help you decide whether any concerns warrant deeper review or professional guidance.]]> On Behalf of Morrissey Legal Group, LLC <![CDATA[What every mother needs to know about fetal distress in Chicago]]> https://www.morrisseylegalgroup.com/?p=56875 2025-12-05T14:28:31Z 2025-12-05T14:28:31Z Imagine your labor progressing normally until your baby's heart rate suddenly drops. The hospital staff scrambles to prepare for an emergency C-section, but precious minutes slip away. By the time doctors deliver your baby, he has already suffered oxygen deprivation that medical professionals could have prevented. This tragic result happens when healthcare workers miss or respond too slowly to obvious signs of a medical emergency. When healthcare providers fail to respond appropriately, both you and your baby can suffer devastating consequences. But you have the right to hold them accountable. Thus, understanding what fetal distress means can help you recognize when something goes wrong during your delivery.

What is fetal distress?

Fetal distress is a condition where a baby isn't getting sufficient oxygen during labor and delivery. Health professionals often refer to it as non-reassuring fetal status. If healthcare providers don't address this lack of oxygen promptly, it can result in brain damage, cerebral palsy or even stillbirth.  This is why it is crucial for hospital staff to continuously monitor the baby's heart rate throughout labor. Delays in performing necessary C-sections, inadequate monitoring or ignoring obvious distress signals may lead to medical malpractice. Hence, understanding what symptoms to look for can help you advocate for your baby's safety during delivery.

Critical warning signs you need to recognize

While medical staff monitor your baby throughout labor, you should also understand the key warning signs of fetal distress. Several symptoms can indicate your baby is in trouble. These critical warning signs include:
  • Abnormal heart rate patterns: Your baby's heartbeat may become unusually fast, slow or irregular.
  • Decreased fetal movement: You might notice your baby moving less as labor continues.
  • Discolored amniotic fluid: The amniotic fluid may appear greenish or brownish instead of clear.
  • Prolonged or unusual contractions: Labor that stalls or contractions that become too frequent can stress your baby during delivery.
Doctors and nurses typically use electronic fetal monitoring to keep an eye on these signs all the time. If the monitor shows something worrying, they need to act quickly. Moreover, you can always ask about your baby's condition whenever you want. If medical staff dismissed your concerns or failed to act on obvious warning signs, you may have grounds for legal claim.

Suspecting harm from fetal distress

If you suspect your baby was harmed due to a slow response or insufficient monitoring, it's important to seek answers. Medical records can show if the staff noticed distress signals and acted accordingly.  Additionally, it may be helpful to speak with a birth injury lawyer familiar with these intricate situations. They can examine your medical records and help you understand what happened. You shouldn't have to deal with the emotional and financial strain by yourself when preventable harm happens during childbirth.]]> On Behalf of Morrissey Legal Group, LLC <![CDATA[Medical risks of due date miscalculation in a post-term pregnancy]]> https://www.morrisseylegalgroup.com/?p=56855 2025-11-12T08:12:03Z 2025-11-12T08:12:03Z You’ve marked your calendar. You’ve prepared the nursery. Your due date is one of the most exciting aspects of your pregnancy, but what happens when that date is wrong? Unfortunately, due date miscalculations happen more often than you think in Chicago. When healthcare providers get this calculation wrong, the consequences affect both you and your baby. Thus, understanding these risks helps you advocate for accurate calculation and proper prenatal care. 

Why having accurate due dates are important 

Your due date serves as more than just a target on the calendar. It guides every decision your family and healthcare provider makes during your pregnancy.  For example, your doctor uses this to schedule critical tests and ultrasounds to monitor your baby’s growth and development. An accurate calculation helps doctors decide when to induce labor if you are overdue.  When your due date is wrong, all these decisions become problematic. Your doctor might classify your pregnancy as post-term when you’re actually on time. Moreover, they might also wait too long for labor to begin naturally when your baby is already overdue. 

How due dates are miscalculated

Healthcare professionals usually calculate your baby’s due date using your last menstrual period. However, this method relies on the fact that you have a regular cycle. But in reality, many women don’t.  If your menstrual cycles are irregular, this calculation then becomes unreliable. If you can’t remember your last period accurately, an error could occur. Similarly, if your doctor fails to adjust your due date even when screening tests and ultrasound results show otherwise, that is also an error on their end. 

Health effects of post-term pregnancy 

Medical oversight often leads to miscalculations that put both you and your baby at risk. A post-term pregnancy happens when you go past your due date. This can lead to significant health risks such as:
  • Post-maturity syndrome: If your baby stays in your womb too long, their placenta becomes less effective at providing them nutrients and oxygen. 
  • Increased risk for C-section: This happens if your baby keeps growing inside you after 42 weeks. Larger babies make normal delivery more difficult. 
  • Low-amniotic fluid: This condition reduces oxygen flow to your baby causing fetal stress or stillbirth. 
  • Post-partum bleeding: You face the risk of hemorrhaging if you deliver larger babies resulting in extended labor. 
  • Vaginal tearing: Delivering larger babies can also cause tearing that can affect the speed of your recovery or future pregnancies. 
A miscalculated due date not only aggravates your delivery but also poses life threatening risks to you and your baby. Thus, recognizing when these risks stem from medical malpractice becomes essential in safeguarding your family. 

When should you get legal advice

When your due date miscalculation leads to harm, determining who bears responsibility becomes important for your recovery and your baby’s future. If it is found that a healthcare provider bears this responsibility, then they may owe you compensation for your medical expenses, ongoing care needs and the suffering you experienced.  This is where having legal counsel can be helpful. Your main priority should be your recovery and caring for your newborn. A lawyer experienced in medical malpractice cases can help take this off your hands and manage the complex process of seeking compensation.]]>