What to Expect After an Intraoperative or Perioperative Mortality

 Posted on June 05, 2025 in Medical License Defense

Even when a procedure is technically sound, an intraoperative mortality — the death of a patient during surgery — or a perioperative mortality — a death occurring within 30 days of surgery — will almost always trigger a review. When there is any suggestion that the death could have resulted from physician error, negligence, or misconduct, that review may quickly escalate into a full investigation.

As of June 2025, Illinois physicians continue to face significant professional and legal scrutiny after these events, especially when the outcome raises red flags for hospital administrators, families, or licensing authorities. If you are facing an internal review or a board review after a patient's death, our Illinois professional license defense attorney should be your first call. We represent surgeons, anesthesiologists, residents, nurses, and other healthcare professionals in a wide range of situations.

What Happens Immediately After a Patient Dies in Surgery?

In most hospital systems, an unexpected intraoperative death triggers multiple internal responses. The surgical team must complete an incident report. The case is usually referred to a morbidity and mortality (M&M) conference or peer review board. These reviews may be administrative, but they often mark the start of a broader inquiry.

In parallel, the Illinois Department of Financial and Professional Regulation (IDFPR) may be notified, particularly if someone alleges deviation from the standard of care. Under the Medical Practice Act of 1987, the IDFPR has the authority to investigate any licensed physician in Illinois for unprofessional conduct, including negligence, incompetence, or unethical behavior during a procedure.

If an autopsy is performed, the results may significantly influence the direction of an investigation by either confirming a natural and unavoidable complication or suggesting surgical error.

Will You Be Reported to the Illinois Medical Board for an Intraoperative or Perioperative Death?

If the hospital determines the event merits external reporting, or if the patient’s family files a complaint, the IDFPR can open a case. According to Section 22 of the Illinois Medical Practice Act, the Board may investigate any matter that "may violate the Act or any rule adopted under the Act."

You are not entitled to notification right away. In fact, some physicians are unaware that they are under investigation until the IDFPR sends a formal request for records or an interview.

Can a Patient's Death Lead to Criminal Charges for a Physician?

Criminal charges are rare, but not impossible. If investigators believe the death resulted from reckless behavior, gross negligence, or substance impairment, law enforcement may become involved. Prosecutors typically consult expert medical opinions before pursuing such a case, but the emotional stakes and media exposure, especially in pediatric or elective procedures, can amplify public and legal pressure.

Even absent criminal exposure, physicians may face civil liability or malpractice suits from surviving family members. These suits often proceed in tandem with licensing investigations.

How to Protect Your License After a Patient Dies

A strong license defense starts with early legal intervention. Physicians should not wait until formal charges are filed. A medical license defense attorney can:

• Communicate with the IDFPR on your behalf.

• Prepare you for interviews or statements.

• Review the clinical record and identify standard-of-care defenses.

• Coordinate expert reviews to challenge preliminary findings.

• Negotiate terms if disciplinary action is proposed.

In Illinois, license suspensions or revocations may be imposed even without a criminal conviction if the IDFPR determines that the physician violated professional standards.

If you are contacted by investigators, do not try to explain yourself informally or respond without representation. Statements made early in the process, even in good faith, can be misunderstood or used against you later. Politely decline to speak until you have retained counsel who understands both medical standards and Illinois licensing law.

Contact a Chicago, IL Medical License Defense Attorney

Intraoperative or perioperative mortality can change the course of your professional life, especially if the care you provided is questioned. Whether you are under active investigation or believe a report may be filed, you need clear legal guidance right away. Contact a Chicago, IL medical license defense attorney at The Law Offices of Joseph J. Bogdan, Inc. to schedule a free consultation and discuss how to protect your license and your future. Call 630-310-1267 today.