Thomas L. O'Carroll

Practice Focus
Tom O’Carroll is an experienced trial lawyer who defends individuals and businesses from professional liability claims and disciplinary actions. He focuses practice in the representation of physicians, hospitals, nursing homes, and other medical providers in medical malpractice claims and related health care litigation. Mr. O’Carroll also represents attorneys in legal malpractice claims with an emphasis on actions where the underlying claim involves personal injury.
Representative Cases
Mr. O’Carroll has helped clients facing litigation on both state and federal levels. A selection of his representative cases includes:
  • In 2011, obtained a dismissal of action involving an attorney against a charge of legal malpractice with an underlying claim of wrongful death due to alleged nursing home negligence.
  • In 2011, successfully defended a restaurant and bar owner in Chicago against a real estate claim that threatened his business.
  • In 2010, helped achieve a defense verdict for a colon/rectal surgeon against a wrongful death claim where Plaintiff sought $13.6 million in damages.
  • In 2007, helped achieve a defense verdict for a family medicine physician against allegations of failing to diagnose infection.

Mr. O’Carroll has also represented clients before the 7th Circuit Court of Appeals, the Illinois Appellate Court and the Illinois Supreme Court.
Professional Background
Prior to joining Hinshaw & Culbertson LLP in July 2005, Mr. O’Carroll acquired eight years of experience working as an attorney for a prominent plaintiff’s firm in Chicago, giving him the unique experience of seeing complex litigation claims from both sides.

In addition to his other law school achievements, Mr. O’Carroll was a member of the Executive Board of the DePaul Moot Court Society where he represented his school in a national mock court competition. He received Best Brief in the 1995 Intramural Moot Court Appellate Competition. Mr. O’Carroll was a 1997 recipient of the Class of 1962 Scholarship Award for Academic Achievement.

He is a member of the Illinois State Bar Association.
Publications and Presentations
Mr. O’Carroll’s publications include:
  • “Over My Dead Body, Recognizing Property Rights in Corpses,” DePaul University School of Law Journal of Health & Hospital Law, volume 29, July/August 1996.
  • “The Sole Proximate Cause “Defense”: A Misfit in the World of Contribution and Comparative Negligence,” co-author, Southern Illinois University Law Review, Volume 22, Fall 1997.
Community Service Activities
Mr. O’Carroll is an active member of the Associate Board of the American Cancer Society.