When Illinois Cosmetic Surgery Leads to Wrongful Death

 Posted on September 10, 2025 in Personal Injury

In the fall of 2024, a Cook County jury awarded $66 million to the family of a woman who died following two cosmetic surgery procedures (a tummy tuck and liposuction). This amount included $32 million for grief and suffering, $15 million for loss of consortium or companionship, and $19 million for the decedent’s pain and emotional distress before her death. The attorney for the family called it a record medical malpractice verdict for wrongful death in the state.

Generally speaking, it can be more difficult to win a personal injury or wrongful death lawsuit following a cosmetic procedure because these procedures are elective. This means that the patient is often assumed to have accepted any inherent risks from the procedure. The success of such a claim lies in proving that the surgeon’s negligence caused an injury or death that goes far beyond mere dissatisfaction with the cosmetic result – or even a complication from a failed cosmetic surgery.

A wrongful death claim already carries the added challenge of proof of the irreversible loss of life, so when the procedure is elective, it becomes more difficult to make the case. Although cosmetic surgeries are often marketed as "routine," complications can be fatal. When a loved one dies after a cosmetic surgery, the family’s legal path usually goes through the Wrongful Death Act (740 ILCS 180/), sometimes paired with the Survival Act (755 ILCS 5/27-6). If your loved one died as a result of a routine cosmetic procedure, it can be beneficial to speak to an Arlington Heights, IL wrongful death lawyer.   

Who Can File a Wrongful Death Claim in Illinois, and Are There Time Constraints?

A wrongful death claim in the state of Illinois can be brought by the decedent’s personal representative for the benefit of the surviving spouse and next of kin. The court will allocate shares based on the dependency level of each beneficiary, rather than equally.  The Survival Act claim recovers for the decedent’s losses between injury and death, including conscious pain, medical expenses, and lost earnings. Wrongful death claims in the state must usually be brought two years from the date of the death.   

What is Considered "Wrongful Death" Following Cosmetic Surgery?

Illinois allows a wrongful death claim when the death is the result of a wrongful act or negligence that would have supported a personal injury claim had the patient survived. Cosmetic surgery deaths are often tied to failures of anesthesia management, negligent patient selection, negligent patient clearance, improper operating techniques, or missed post-operative complications. Although the statute of limitations is generally two years, there are separate medical malpractice limitations/repose rules (735 ILCS 5/13-212) if the death follows earlier negligent care.  

Does a Signed "I Acknowledge the Risk" Form Preclude Cosmetic Wrongful Death Claims?  

A patient-signed consent form does not provide blanket immunity for the cosmetic surgeon or the anesthesiologist. The state of Illinois requires competent disclosure of material risks and adherence to the standard of care. Informed-consent claims have their own 2-622 certification pathways.

The sooner medical records, anesthesia records, pre-op and post-op clearance, consent forms, and screenings can be gathered, the better. A cosmetic procedure wrongful death claim will also require EMS and coroner/ME findings. The attorney will send preservation letters to the practice, surgery center, hospital, and any makers of an implanted device to ensure evidence does not "disappear."

In short, a signed consent form does not consent to negligence or undisclosed risks. There may be causation disputes that can sometimes be countered with experts in the field. Procedures done outside a hospital setting may have different staffing, monitoring, credentialing, and transfer protocols, which should be carefully scrutinized.

Contact a Cook County, IL Wrongful Death Lawyer

Consulting with an experienced Arlington Heights, IL personal injury attorney from Dickler, Kahn, Slowikowski & Zavell, Ltd. after the death of a loved one is always the best approach. Our background and knowledge in all aspects of personal injury and wrongful death litigation allow us to advocate strongly for our clients. We offer a comprehensive, full-service approach to legal representation, with a focus on close attention to detail.  Our attorneys have more than 150 years of combined legal experience. Call 847-593-5595 to schedule your initial attorney meeting.