Can I Sue the Hospital for a Doctor’s Mistake in Illinois?

 Posted on February 03, 2026 in Medical Malpractice

In certain situations, you can sue a hospital for a doctor’s mistake in Illinois. However, hospitals are not automatically responsible for every error that happens inside their walls. Whether a hospital can be held legally responsible depends on the doctor’s role and how the care was provided. These situations are often confusing and emotionally painful, especially when the injury was unexpected.

As of 2026, Illinois medical malpractice law focuses on responsibility. When a medical mistake causes harm, the law looks at who was in control of the care and whether basic medical standards were followed. If you have questions about your case, our Springfield, IL medical malpractice lawyer can help you understand whether the law allows a claim against the hospital, the doctor, or both.

When Can a Hospital Be Held Responsible for a Doctor’s Mistake in Illinois?

A hospital may be responsible if the doctor was an employee and made a mistake in the course of their job. In those cases, the hospital can be legally liable for the doctor’s actions, even if hospital leaders were not directly involved.

Hospitals may also be responsible if they failed to properly hire, train, or supervise a doctor who posed a risk to patients. These cases often involve questions about background checks, training, and oversight.

Does It Matter if the Doctor Was an Employee or an Independent Contractor?

Yes. This is one of the most important issues in hospital malpractice cases. Many doctors who work in hospitals are not employees. They are independent contractors.

When a doctor is an independent contractor, the hospital often argues that it should not be held responsible for the mistake. That argument does not always succeed. In some cases, the hospital may still be legally responsible based on how care was provided to the patient.

What Is Apparent Agency and Why Is It Important in an Illinois Medical Malpractice Case?

Illinois law recognizes a rule called apparent agency. This applies when a patient reasonably believed the doctor worked for the hospital and the hospital allowed that belief.

For example, if you went to a hospital emergency room and were treated by a doctor you did not choose, you may have assumed the doctor was part of the hospital staff. In situations like this, the hospital may still be responsible, even if the doctor was technically an independent contractor.

What Types of Hospital Mistakes Can Lead to a Lawsuit?

Hospital lawsuits are not limited to one kind of error. Many cases involve system failures rather than a single bad decision.

Common situations that may support a claim include:

• Poor supervision or failure to properly approve medical providers

• Delays in care caused by staffing or communication problems

• Unsafe policies or a lack of proper procedures

These cases often require careful review to understand how the mistake happened.

What Must Be Proven in an Illinois Medical Malpractice Case?

To bring a medical malpractice case in Illinois, a patient must show two main things. First, the doctor or hospital did not provide care at the level that a reasonably careful medical provider would have provided. Second, that mistake caused real harm to the patient.

Illinois law also requires proof that the case has been reviewed by a medical professional. Under 735 ILCS 5/2-622, the person filing the lawsuit must submit an affidavit stating that a qualified medical provider has reviewed the medical records and believes the claim has merit.

Why Are Hospital Malpractice Cases Often Hard To Handle?

Hospital malpractice cases are commonly complex. They may involve multiple doctors, nurses, and departments, along with large hospital systems and insurance companies.

Hospitals usually fight these cases aggressively. Understanding medical records, internal rules, and employment relationships takes experience and careful legal work.

How Can a Lawyer Help With a Hospital Malpractice Case?

A medical malpractice lawyer can review medical records and work with experts to see whether the hospital may be legally responsible. This includes looking at whether the doctor was an employee and whether apparent agency applies.

A lawyer also helps protect patients from unfair blame and from being pushed into quick settlements that do not fully cover the harm caused.

Schedule a Free Consultation With Our Peoria, IL Medical Malpractice Attorneys

At Kanoski Bresney, we help patients and families get clear answers after serious medical mistakes. With more than 100 years of combined experience, our team is prepared to handle medical malpractice cases involving hospitals and physicians.

If you believe a hospital or doctor caused harm through a medical mistake, call 888-826-8682 to schedule a free consultation with our Springfield, IL medical malpractice lawyer today.