Corboy & Demetrio Releases New Episode of Masters of Trial Law: Understanding Medical Malpractice - How Patients Can Protect Themselves
In a new episode of Masters of Trial Law, Co-hosts Bill Gibbs and Ken Lumb break down the complex world of medical malpractice, explaining what it is, how attorneys build their case, and what patients can do to protect themselves. Joining Bill and Ken for the episode are two members of Corboy & Demetrio’s medical malpractice team, Attorneys Chad Kasdin and Mitchell Bild.
Chad has 24 years of experience in medical malpractice litigation representing defendants, and for the last two years since joining Corboy & Demetrio, has successfully used that insight as a secret weapon in representing plaintiffs. Ken is a senior partner on the firm’s medical malpractice team with more than 30 years of experience.
Mitch, who has five years of experience in medical malpractice and appellate work, was part of the successful appellate team that defeated a hospital’s attempt to overturn Corboy & Demetrio’s record-setting $42.4 million jury verdict. With Thomas Demetrio at the lead, C&D obtained the verdict against Advocate Condell Medical Center in 2022 for the wrongful death of decedent, a 46-year-old quadriplegic who died at the hospital as a result of institutional negligence.
The podcast, which was recorded in Corboy & Demetrio’s podcast studio at its office on Sept. 12, 2026, delves into the elements of medical malpractice, also known as medical negligence by trial lawyers.
The lawyers explain to their viewers that malpractice occurs when a doctor, nurse, hospital, or healthcare provider fails to meet the accepted standard of care and that failure causes injury to a patient. Contrary to popular belief, the Chicago lawyers explain that malpractice does not require intentional wrongdoing. Ken Lumb explains that it is a jury that ultimately determines whether a healthcare professional or institution acted less carefully than a reasonably competent provider.
Podcast viewers learn that one difference between medical negligence cases and other injury cases is the need for expert testimony upon filing the complaint to explain what the proper standard of care was and whether it was violated. In Illinois, a medical expert must review the records and certify that there is a reasonable basis for the claim before a lawsuit can even be filed.
The attorneys explain to viewers that not every bad medical outcome is malpractice and that patients must prove both that the standard of care was violated and that the violation directly caused the injury.
Proof of causation is one of the most heavily contested issues in a case, according to Chad Kasdin, who shares that defense lawyers frequently attempt to argue that a patient’s injury was caused by an underlying condition or would have occurred regardless of the medical treatment provided – something out of a defense firm’s playbook.
The podcast includes a discussion of the common types of malpractice cases that the Chicago law firm’s attorneys encounter, including delayed or missed diagnoses, medication errors, surgical mistakes, patient falls in hospitals, and birth injuries.
Medical malpractice attorneys Ken Lumb and Mitch Bild explain that many of the cases involve not only individual mistakes but also larger institutional failures. Hospitals have responsibilities beyond providing a building and equipment, Bild tells podcast viewers, and must coordinate care, train staff, enforce safety procedures, and ensure communication among healthcare teams.
The attorneys discuss in greater detail Corboy & Demetrio’s significant institutional negligence $42.4 million verdict, which was returned by a Chicago jury based on evidence that multiple hospital departments at Advocate Condell failed to coordinate a patient’s care properly. Mitch Bild describes hospital safety systems using a “Swiss cheese” model, where multiple safeguards are supposed to prevent harm. When holes in several layers line up, he explains that medical mistakes and serious injuries can occur.
Another important topic of discussion: the role of hospital policies and procedures in a medical malpractice case. While hospitals often have extensive written protocols, the attorneys note that problems often arise when staff members are unfamiliar with them or fail to follow them. Investigating whether policies existed, whether employees were trained on them, and whether they were enforced is often key to proving negligence and is a major area of an investigation by Corboy & Demetrio’s attorneys.
The lawyers also discussed electronic medical records and what is known as a hospital’s “audit trail,” which can play a significant role in a medical malpractice case.
Chad Kasdin explains to podcast viewers that attorneys can obtain audit trails showing when records were created, modified, or accessed. These digital footprints sometimes reveal discrepancies between documented care and what actually occurred.
For patients who suspect negligence, the lawyers recommend obtaining their complete medical records as soon as possible. Mitch Bild emphasizes to viewers that medical records belong to the patient and can be requested directly from hospitals or providers. The panel shares that early access helps attorneys investigate potential claims and identify important evidence.
The podcast also includes a discussion about statutes of limitations. In Illinois, medical malpractice claims generally must be filed within two years, although certain exceptions may apply. Because investigations can be lengthy and require multiple experts, the attorneys encourage patients to seek legal advice promptly whenever concerns arise.
The attorneys offer practical advice for patients to help reduce the risk of becoming a victim of medical malpractice. The lawyers urge viewers to keep records of the names and titles of doctors, nurses, and specialists involved in their care. They urge viewers to take notes about symptoms, treatments, and conversations, and to prepare a written medical history before appointments. Most importantly, the lawyers urge patients to trust their instincts. If something feels wrong, ask questions and seek a second opinion.
The episode concludes by stressing that informed, proactive patients are often the best advocates for their own health and safety and that experienced medical malpractice attorneys can help uncover the reason medical errors happen.
In choosing a medical malpractice attorney, the panelists recommend:
- Looking for trial lawyers with substantial medical malpractice experience.
- Seeking referrals from trusted professionals.
- Meeting attorneys and selecting someone you trust and feel comfortable working with.
