When you seek medical treatment, your provider must keep you informed not only when diagnosing a condition or prescribing treatment but also when explaining risks. Chicago failure to warn medical malpractice cases may be the right solution for you if you were not warned about serious side effects, complications, or alternatives, and suffered harm as a result.

Failure to warn is medical malpractice. It is one of the most devastating forms of negligence because it removes your ability to make informed decisions about your body and your care. At Kaveny + Kroll, we understand how to navigate these claims, and our team of experienced surgical errors attorneys brings decades of success and a client-centered approach that could make a significant difference in the outcome of your case.

Understanding Failure To Warn in Medical Malpractice

All health care providers are legally and ethically required to obtain informed consent before proceeding with any treatment or procedure. This includes explaining the potential risks and side effects, as well as offering alternative options when available.

In Chicago, medical negligence cases often result from a failure to inform before surgeries, prescriptions, or other high-risk interventions. You may have experienced unexpected complications or long-term injuries without being forewarned of their possibility. State law supports your right to autonomy and bodily integrity, and a failure to obtain informed consent violates that principle, especially if you would have refused treatment had you been properly advised.

You may be entitled to seek compensation if your provider failed to explain the dangers or possible complications or gave you misleading information that led to you being harmed.

How Do You Prove a Failure To Warn Claim?

To move forward with a claim, you will need to prove that your provider did not properly disclose the risks and that the lack of information directly caused your injury. This is not always straightforward, particularly when the provider insists they did provide a warning, or the risk was statistically low. Our firm has a full-time registered nurse on staff who can make a significant difference in building a strong case.

At Kaveny + Kroll, we will thoroughly review your medical records and communication history. We will look at what was explained—and what was not. With a combined 65 years of experience working in Chicago, we know how to uncover patterns of medical malpractice and bring in qualified experts to support your failure to warn claim. A partner attorney will work directly with you, and we will never pass on your case to someone you have never met.

What Makes Failure To Warn Cases Different?

Failure to inform suits in Chicago are about more than just the physical harm that resulted from medical negligence—they are about choice. Without all the facts, you could not truly consent, and that makes these cases uniquely personal. You may feel betrayed, confused, and overwhelmed, but we can help. Our firm will take the time to build a relationship of trust with you.

Unlike other forms of malpractice, these claims often center on documentation, memory, and communication. You might not have physical evidence of what was said—or not said—but we can build a strong narrative using testimony, expert opinion, and medical standards of care.

Call a Chicago Medical Malpractice Attorney for Help With Your Failure To Warn Claim

Your case is about more than holding a negligent health care provider accountable—it is about your health, your future, and your right to informed care. Chicago failure to warn medical malpractice cases require a team that puts the personal back in personal injury.

Our team at Kaveny + Kroll is here to ensure your rights are protected with the compassion and experience your case deserves. Call a trusted medical negligence attorney today to discuss your options.

$32M
$32M

Recovery for an 8-year-old girl whose four-limbs were amputated after a delay in the diagnosis and treatment of an infection, leading to severe septic shock.

$16M
$16M

Recovery for wrongful death of a husband and father of three due to undiagnosed aortic dissection in emergency department 2 days earlier.

$12M
$12M

Recovery for a 37-year-old man who suffered the partial amputation of both of his legs and one of his arms after a hospital failed to give him antibiotics for a serious infection (Featured in the Chicago Daily Law Bulletin).

$10M
$10M

Recovery for a brain-injured newborn after doctors failed to timely deliver the baby by cesarean section.

$9M
$9M

Verdict for the wrongful death of a 40-year-old wife and mother of six children and her unborn seventh child after she suffered respiratory arrest due to pneumonia while in the hospital.

$7.5M
$7.5M

Recovery for an infant who suffered brain damage and developed cerebral palsy due to a delayed cesarean section after indications that the baby was not tolerating the labor well.

$15.504M
$15.504M

Recovery for the wrongful death of a 64-year-old man and the debilitating injuries of a 62-year-old woman—both from southern Illinois—arising from a multi-vehicle pile-up on a highway in Albuquerque, New Mexico.

$7M
$7M

Verdict for the wrongful death of a 25-year-old helmet-wearing cyclist who was struck and killed by a truck.

$6.5M
$6.5M

Recovery for a 55-year-old Chinese immigrant whose leg was crushed by a Chicago Transit Authority bus making too-tight-a-turn at a downtown intersection. The 55-year-old woman was within the crosswalk at the time of the Chicago accident.

$15M
$15M

Recovery for a 34-year old property adjuster in Dallas, Texas, left severely burned after being electrocuted by a dangerously-low-hanging electrical wire on a roof, about which the company had received complaints but failed to correct.

$3M
$3M

Recovery for three college students killed in an apartment fire when one fell asleep smoking. Apartment did not have working smoke detectors at the time.

$2.6M
$2.6M

Recovery for the wrongful death of a 24-year-old truck driver who was killed in an Adams County heptane gas explosion, leaving behind a wife and a 3-year-old daughter.

$5.25M
$5.25M

Recovery for a 29-year-old who suffered skull fractures, a traumatic brain injury, an 18-day coma, and partial quadriplegia after his pickup was broadsided by another vehicle, which was attempting to flee from a reckless and unnecessary police chase involving a minor traffic infraction (Featured in the Chicago Daily Law Bulletin).

$5M
$5M

Verdict resulting from an improper police chase. Fleeing suspect hit car driving through an intersection with mother in front seat and minor daughter in rear. Mother was killed. Entire accident was caught on a nearby CTA bus videocam (Featured in the Chicago Daily Law Bulletin).

$1.579M
$1.579M

Verdict for a 58-year-old public school principal whose reputation was damaged after she was wrongfully arrested, wrongfully charged, and wrongfully prosecuted following a fight involving six students at her school in which she merely called 9-1-1.

$148M
$148M

Verdict for a paralyzed 24-year-old female injured at O’Hare International Airport (highest compensatory verdict awarded to an individual in Illinois, and top five in U.S., excluding punitive damages).

$15M
$15M

Recovery for a 34-year old property adjuster in Dallas, Texas, left severely burned after being electrocuted by a dangerously-low-hanging electrical wire on a roof, about which the company had received complaints but failed to correct.

$12.5M
$12.5M

Recovery for a Rolling Meadows high school football player who became a quadriplegic after he was tackled by a teammate into an unpadded, 25 foot-high steel post located 11.5 feet from the sideline of the school’s practice field.

$15.2M
$15.2M

Verdict for a 33-year-old veteran forced to undergo seven surgeries after his left foot was degloved when it was run over by a forklift while working at an international technology show at McCormick Place.

$15M
$15M

Recovery for a 34-year old property adjuster in Dallas, Texas, left severely burned after being electrocuted by a dangerously-low-hanging electrical wire on a roof, about which the company had received complaints but failed to correct.

$4.75M
$4.75M

Recovery for a 42-year-old Chicago construction worker whose leg was shattered when he fell 20 feet after the steel beam on which he was working collapsed.

Currently seeking recovery on behalf of clients who have filed lawsuits against Abbott Laboratories, Inc. (“Abbott”), Mead Johnson & Company and Mead Johnson Nutrition Company (“Mead Johnson”). Babies born to these plaintiffs developed necrotizing enterocolitis (“NEC”) after they were fed infant formula manufactured by Abbott or Mead Johnson. NEC is a serious gastrointestinal problem that mostly affects premature babies and can lead to permanent injury or death.

Received financial compensation for the families of plaintiffs who were prescribed the pain medication Vioxx manufactured by Merck. The drug was found to cause heart attacks and strokes and has subsequently been withdrawn from the marketplace.

Verdict obtained on behalf of homeowners who lived near the Sterigenics facility and contracted various forms of cancer as a result of ethylene oxide (“EtO”) emissions into the environment by Sterigenics and its parent company, Sotera Health.

$148M
$148M

Verdict for a paralyzed 24-year-old female injured at O’Hare International Airport (highest compensatory verdict awarded to an individual in Illinois, and top five in U.S., excluding punitive damages).

$6.5M
$6.5M

Recovery for a 55-year-old Chinese immigrant whose leg was crushed by a Chicago Transit Authority bus making too-tight-a-turn at a downtown intersection. The 55-year-old woman was within the crosswalk at the time of the Chicago accident.

$5M
$5M

Recovery for a 31-year-old woman who suffered permanent brain damage after she was struck by public transit bus while jogging.

$4M
$4M

Verdict against school district for sex abuse of two minor children by gym teacher off school grounds.

Pending Case
Pending Case

Kaveny + Kroll has filed suit against Northwestern University due to its failure to protect a student who was knowingly experiencing suicidal ideation and planning. The student jumped from a fourth story window and suffered two punctured lungs, multiple broken ribs, damage to internal organs, and traumatic brain injury. The case remains pending.

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