Timothy W. Heath

Top rated medical malpractice attorney in Naperville, Illinois

Heath & Heath, P.C.
Timothy W. Heath
Heath & Heath, P.C.

Practice Areas: Medical malpractice, Personal injury, Appellate; view more

Licensed in Illinois since: 1984

Education: Loyola University Chicago School of Law

Selected to Super Lawyers: 2009 - 2023
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Heath & Heath, P.C.

1555 Naperville Wheaton Rd
Suite 206H
Naperville, IL 60563 Visit website


As one of the shareholders of Heath & Heath, P.C., Mr. Timothy W. Heath is committed to representing clients in the Chicagoland area. He focuses his practice on personal injury and workers' compensation, handling cases that involve the following matters: simple negligence, car accidents, medical malpractice, product liability, machinery accidents, catastrophic injuries, dog bites, nursing home abuse and neglect, premises liability, wrongful death, the Federal Employers Liability Act, emotional distress, child injuries, truck accidents and motorcycle accidents.

After receiving an undergraduate degree from the University of Illinois at Urbana-Champaign, Mr. Heath went on to earn a law degree from Loyola University Chicago School of Law.

Mr. Heath has more than 30 years of experience representing a variety of clients and his successes include a $49.25 million dollar verdict for a man who lost his intestines and required a small intestine transplant after a routine gall bladder removal surgery, a $30 million verdict for the wrongful death of a baby 16 days after his birth as a result of medical malpractice, a $6.65 million settlement for a young woman going blind as a result of medical malpractice, a $3.8 million arbitration award for an independent contractor's employee who suffered a severe work-related injury. That award was reduced to $2.3 million by a 40 percent contributory. Mr. Heath also secured a $5.8 million arbitration award for a client who was injured at a retirement home in a slip-and-fall. That award was reduced to $5.2 million by a 10 percent contributory. He also obtained a verdict for $1.7 million on behalf of a 34 year-old woman whose treating physicians failed to timely diagnose her cancer for approximately 5 months. He also obtained a $500,000 verdict on behalf of his client injured in a low-impact, rear-end collision by a PACE bus.  He has a number of 7 and 8 figure awards or settlements on behalf of his clients in addition to the ones mentioned here.  

Mr. Heath has the legal knowledge to handle even the most complex cases and takes a focused approach to every matter. On behalf of clients, he tenaciously litigates in the courtroom or negotiates to reach a settlement that is of the greatest advantage to them. In order to secure the best possible outcome, Mr. Heath works closely with clients to understand their goals for their case and keeps them informed throughout the legal process. For his achievements, in addition to other honors, Chicago Magazine has named him as one of the Top Attorneys in Illinois for plaintiff's personal injury medical malpractice.

Mr. Heath is a member of the Illinois State Bar Association, the Illinois Trial Lawyers Association, and the DuPage County Bar Association.

Practice areas

Personal injury - medical malpractice: plaintiff, Personal injury - general: plaintiff, Appellate

Focus areas

Medical malpractice, Birth injury, Delayed or incorrect diagnosis, Animal bites, Motor vehicle accidents, Personal injury - plaintiff, Slip and fall, Wrongful death, Construction accident, Brain injury, Trucking accidents, Premises liability - plaintiff

  • 40% Personal injury - medical malpractice: plaintiff
  • 50% Personal injury - general: plaintiff
  • 10% Appellate

First Admitted: 1984, Illinois

Professional Webpage: https://heathandheathlaw.com/attorneys/timothy-heath/

Educational Background:
  • University of Illinois, Urbana-Champaign, B.A. in Political Science and History , 1981
  • $1.7 million dollar verdict for a 34 year-old woman who had to undergo chemotherapy and radiation after her OB/GYN and the Head of Surgery at Alexian Brothers Hospital failed to timely diagnose her 2 cm anal mass as cancer for approximately 5 months. She had had Crohn's disease of the perirectal area for a long time and was diagnosed as having a thrombosed hemorrhoid. Her medical oncologist, and two defense experts, testified at trial that she was "cured," and did not require any further follow-up. No offer was made. Each of the defendants only had $1 million in coverage., 2019
  • $49.25 million dollar verdict for a 42 year-old man who went into Advocate Lutheran General Hospital for routine, laparoscopic, gall bladder removal surgery in February, 2015. When he was not recovering as expected the following morning was kept another day in the hospital. By the 2nd day after the surgery, he had sepsis as the result of an intra-abdominal infection. The surgeon refused to recognize that plaintiff had an intra-abdominal infection for 12 days, despite the patient developing septic shock with multi-organ system failure and poly-microbial peritonitis, and ct-scan showing dilated bowel and free air in the abdominal cavity. When surgery was finally performed on patient after 12 days, patient's small bowel had become ischemic and had died. He ultimately also had to have his large bowel and a portion of his stomach removed. He required a small bowel transplant as a result. He has significant complications as a result, including stage 3 kidney disease, neuropathy, loss of all his teeth, and others. The jury awarded $43,200,000 to the patient and $6,050,000 to his spouse. , 2022
  • Successfully defended against a motion for summary judgment by St. Alexius hospital on the issue of apparent agency based upon the language of its consent form.  Consent form found to be ambiguous., 2015
  • Settlement for a confidential amount for children of a nursing home patient who fell from her bed and suffered fractured ribs and ultimately died two weeks later., 2016
  • $10.9 million verdict for a baby who suffered brain damage because of a failure to detect that she had lost a large volume of blood prior to birth, 1997
  • $1.25 million settlement of a medical malpractice case involving a 45 year-old woman who had surgery to have a cyst and ovary removed, when she had a known, but untreated E.Coli urinary tract infection.  The cyst and ovary surgery was successful and apparently uncomplicated.  Despite having the laboratory report showing the infection, and that antibiotics had been prescribed the day before the surgery, but not taken because of instructions about not taking anything but liquid the day before, and having been told by the woman the morning of the surgery that she had not taken any medication, no arrangements were made to provide antibiotics on the day of surgery to treat the infection.  When the woman was released from the surgical center, no antibiotics were prescribed or provided to treat the known E.Coli infection.  Early the next morning, the woman developed severe abdominal pain.  After trying the pain medication prescribed, and trying to reach out to her doctor, the woman went by ambulance to aonther hospital, which diagnosed her with an "acute abdomen" but did not attempt to treat her with antibiotics.  The emergency room did not know of the E.Coli urinary tract infection prior to the surgery.   Instead, the emergency room transfered her back to the surgical hospital early the second day after the surgery.  Shortly after arriving at the hospital were the surgery was performed, she was diagnosed with sepsis, and septic shock with peritonitis.  The surgical hospital isolated E.Coli as the bacteria causing the infection. The culture and sensitivity reports showed that it was the same strain of E.Coli as was found in the urinary tract days before the surgery.  The woman's condition continued to deteriorate and she died shortly thereafter.  She was survived by her husband, who remarried within 4 years of her death, and her three sons, who each had a felony conviction.  , 2018
  • $215,000 settlement for a 17 year-old driver, who was rear-ended in Iroquios County, 2012
  • $350,000 settlement involving the death of an elderly couple, 2014
  • Settlement for a confidential amount in a medical malpractice case against an emergency room doctor for failing to diagnose or treat staph infection, which lead to patient returning to emergency room two days later in cardiac arrest and multiple foci stroke.  Patient had endocarditis and had embolic event resulting in multi-organ failure.  ER doctor knew patient had mitral value prolapse but failed to detect heart murmur, had a different history than the triage nurse, and failed to detect swelling in shoulder noted by ER nurse, amongst other descrepancies.  Patient came to ER complaining of servere shoulder pain, ER doctor diagnosed him with a neck sprain.  Ct-scan taken two days later showed shoulder swelling and white blood cell abscess localization study showed abnormal uptake of white blood cells in same shoulder., 2015
  • Settlement for a confidential amount for a case involving a day care center and a developmentally disabled child who fell off a flight of stairs while unsupervised., 2016
  • $30,000,000.00 Verdict for baby who died 16 days after birth, 2004
  • $500,000 for driver of a pickup truck transporting a trailer, who was rear-ended by a PACE bus, while stopped for a light.  The collision was considered a "low-impact" collision, and PACE called both an accident reconstructionist and a biomechanic to argue that plaintiff could not have sustained the neck injury, which ultimately resulted in a fusion at C5-C6, on this plaintiff who had pre-existing degenerative conditions along the vertebra in his neck.    , 2017
  • $350,000 settlement for woman who underwent emergency aortic dissection surgery when she did not have an aortic dissection, 2012
  • $3.8 million dollar arbitration award against a major airline reduced to $2.3 million for plaintiff's comparative negligence, 2013
  • $2 million dollar arbitration award for family of 15 year-old girl, killed by teenaged drunk driver. The award was entered against both the driver and his parents, on a failure to supervise theory as the driver was using the parents car and they had been allowing the 17 year-old to drive after 11:00 p.m. on Fridays, when he did not have a valid drivers license at that time. , 2015
  • Settlement for $1,200,000  on behalf of an adult child of a 69 year-old man, who was in the intensive care unit but still suffered an gastrointestinal bleed.  Although there was a change in his stool noted by the nurses, nothing was done to investigate the worsening changes in his stool until he became hypotensive and went into cardiac arrest approximately 18 hours after the change in his stool was first noted.  , 2016
  • $6.65 million settlement for a young woman who became permenantly blind as a result of medical malpractice, 2017
  • $286,000 Verdict for a plaintiff who did not receive medical treatment, 2012
  • $5.8 million dollar arbitration award reduced to $5.2 for decedent's comparative negligence, 2013
  • $475,000 settlement for an Animal Control Act case in Kane County, 2014
  • 2013 to the present, Top Attorneys in Illinois, Chicago Magazine, 2013 - 2020, 2022
  • 2009 to the present, Super Lawyers, Super Lawyers, 2022
  • For the largest wrongful death verdict for a baby.  The verdict was for $30 million in a medical malpractice case., Trial Lawyer Excellence Award, Jury Verdict Reporter, 2013
  • Leading Lawyers Network, 2009 - Present, Leading Lawyers Network 2009-Present, Law Bulletin, 2022
Bar/Professional Activity:
  • Illinois Attorney Registration, 2022
  • United States Supreme Court, 2022
  • DuPage County Bar Association, 2022
  • 7th Circuit Court of Appeals, 2022
  • Illinois Trial Lawyers Association, 2022
  • Northern District of Illinois, 2022
  • Illinois Bar Association, 2022
Industry Groups:
  • DuPage County Bar Ass'n
  • ISBA
  • ITLA

Office location for Timothy W. Heath

1555 Naperville Wheaton Rd
Suite 206H
Naperville, IL 60563

Phone: 773-414-5932


15 Years Super Lawyers
  • Super Lawyers: 2009 - 2023

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