Read Bio
Since 1976, Steve Levin has been dedicated to helping people injured by others’ negligence. He is one of the first attorneys in the U.S. to prosecute nursing homes for abuse and negligence. He’s also helped write new legislation that governs the operation of nursing homes, including the Illinois Nursing Home Care Act. Moreover, Levin & Perconti has obtained the top three jury verdicts in nursing home negligence cases in Illinois.
Read Bio
Since 1976, Steve Levin has been dedicated to helping people injured by others’ negligence. He is one of the first attorneys in the U.S. to prosecute nursing homes for abuse and negligence. He’s also helped write new legislation that governs the operation of nursing homes, including the Illinois Nursing Home Care Act. Moreover, Levin & Perconti has obtained the top three jury verdicts in nursing home negligence cases in Illinois.
Medical malpractice claims in Illinois require the victim to establish a variety of facts to prevail, making clear and convincing evidence vital to success.
Many people who suspect they were harmed by medical malpractice have an idea of what went wrong during their treatment and who might be to blame, but are unsure of where to start looking. The trusted Illinois medical malpractice lawyers at Levin & Perconti can explain which types of evidence are most important and help you gather them.
[ ] Step 1: Start a personal incident log and daily symptom journal.
[ ] Step 2: Take photos and videos of your injuries, symptoms, and mobility limitations.
[ ] Step 3: Save all written communications, patient portal messages, and consent forms.
[ ] Step 4: Submit written requests for full medical, doctor, nursing, and surgical records to every provider involved.
[ ] Step 5: Request copies of all lab test results, pathology reports, and imaging files with radiologist reports.
[ ] Step 6: Gather complete pharmacy histories, medication administration logs, and discharge instructions.
[ ] Step 7: Save all itemized medical bills, payment receipts, out-of-pocket expenses, and Explanation of Benefits (EOB) statements.
[ ] Step 8: Collect pay stubs, tax records, employment verification, and disability documentation.
[ ] Step 9: Compile a list of names and contact information for key witnesses and caregivers.
[ ] Step 10: Maintain ongoing medical care and consult an Illinois medical malpractice attorney before the statute of limitations deadline.
What Evidence Should I Gather for My Illinois Medical Malpractice Claim?
General Medical Records
Your medical records will serve as the foundation for your malpractice claim, containing various factual information that can paint a picture of what happened, how, and why. When compiling a malpractice claim, you should gather records from every relevant healthcare provider, not just the one you believe was negligent.
Your patient portal may not contain some medical records relevant to your case, including notes written by doctors and nurses. You may need to make written requests to multiple providers to ensure you have a complete medical history.
Diagnostic Tests and Imaging
Test results can help you establish what your healthcare providers knew or should’ve known at the time of your treatment, which can be critical for proving missed or delayed diagnosis claims. An independent expert can assess the findings and determine whether someone overlooked an important detail.
Records to save include:
- Laboratory test results, including bloodwork
- Pathology reports
- X-rays
- CT scans
- MRIs
- Ultrasounds
- Any other relevant diagnostic tests
Medication Records
Medication errors are a common source of malpractice injuries. Saving your prescription records and other documents can help you prove a doctor was negligent in providing the wrong medication, an incorrect dosage, or a drug that caused a foreseeable allergic reaction or interaction.
Key documents to preserve include:
- Prescription history
- Records describing when staff administered medications
- Pharmacy records
- Documents detailing any changes in dosage
- Medical records showing a history of allergies
- Discharge instructions involving your medications
Informed Consent Documents
Signing a consent form doesn’t automatically prevent you from being eligible for a medical malpractice claim. The details of consent forms and related records can help you argue that your doctor didn’t properly inform you of the risks related to a certain treatment, or misled you about the specifics of what would happen next.
Operative Reports and Surgical Records
When building a medical malpractice case concerning a surgical error, records related to the operation detail where the procedure didn’t go according to plan, hint at mistakes, and point toward who might be to blame.
Operative reports, or a surgeon’s official record of what happened during the procedure, can be especially useful for comparing with other accounts and documentation. Anesthesia records and post-operative documentation can also lend insight.
Billing and Insurance Records
Documenting your financial losses is an important part of meeting all the elements of malpractice. It’s important to preserve any relevant billing records, including:
- Itemized medical expenses and hospital bills
- Payment receipts
- Records showing the costs of rehabilitation treatments and related travel expenses
- Estimates of future treatment expenses
- Explanation of benefits (EOB) documents for your health insurance
Employment and Income Records
Medical malpractice victims can also receive damages for wages lost as a result of their injuries. Saving your employment records can help prove your income and properly calculate your losses:
- Pay stubs
- Verification of your employment
- Documentation concerning any disability benefits you’re receiving
- Tax records
- Any other employment records that can help you estimate reduced future earnings
Photos and Videos
Taking photographs of your visible injuries and any physical symptoms they cause can help demonstrate the extent of your suffering, potentially serving as powerful evidence in settlement negotiations or at trial.
You can also record videos showing any mobility issues you’re experiencing as a result of your injuries, or documenting changes in your condition over time.
Personal Timeline and Notes
Keeping your own written records of your experiences while your memories are fresh can create supporting evidence to fill in the gaps in your case. Take thorough, dated notes as you go, including:
- Appointments, including when, where, and for what purpose
- Symptoms you’re experiencing over time
- Conversations with healthcare providers
- Important dates and what happened on them
Communications With Healthcare Providers
Written communications like patient portal messages, emails, and appointment summaries can create a more detailed record of your treatment history and what healthcare providers said and did at certain times. These can contain indisputable facts to build your case upon and provide context for other types of evidence.
Witness Information
Testimony from those who witnessed your treatments or observed your condition can help verify your claims, demonstrate the extent of your injuries, and strengthen other parts of your case. Statements from family members, caregivers, or other healthcare providers at the same facility can serve as valuable evidence.
How Can I Use Evidence to Help Prove Medical Negligence?
To establish that a healthcare provider committed malpractice, you’ll need to prove four different elements. Key evidence can help you show that:
- As their patient, the provider owed you a duty of care.
- The provider breached their duty by failing to meet the “standard of care” expected of a reasonable medical professional.
- The provider’s breach directly led to your injuries.
- As a result of your injuries, you suffered compensable damages, such as medical bills.
Gathering your medical records and other evidence is only the first step to building a strong malpractice claim. Your attorney will work with medical experts to establish what the standard of care was in your specific situation, what the provider should’ve done differently, and how their actions or inactions harmed you.
In Illinois, you also must include a “certificate of merit” with your lawsuit, which involves having a medical expert review your evidence and provide a written opinion stating that you likely have a valid claim.
How Do I Start Gathering Evidence for My Malpractice Claims?
To collect key evidence for your medical malpractice claims, you can submit written requests for documentation to each healthcare provider involved in your treatment. Make sure to continue building a written record of your own notes to help tie together different parts of your case.
However, you don’t have to spend all your time and energy building your case alone. Our trusted Illinois medical malpractice attorneys can assist you in gathering all necessary evidence, including records you might have trouble accessing.
The statute of limitations for medical malpractice claims in Illinois is generally two years after you discover you’ve been injured. Obtaining records, building a case, and completing the medical review requirements necessary to file a malpractice lawsuit can take time, so it’s important to talk to an experienced lawyer as soon as possible.
What Are Some Mistakes I Should Avoid When Building My Claim?
Many medical malpractice victims make decisions that will hurt their ability to recover compensation in the long run. Thankfully, most of those errors are preventable. Common mistakes to avoid in a medical malpractice case include:
- Not taking your own notes: Some may assume that their medical history and the available evidence are enough to build a successful medical malpractice case, but that often isn’t true. Keeping a personal log of your experiences and important happenings can save you a lot of headaches later on if gaps in the record appear.
- Assuming everything is in the patient portal: Healthcare providers won’t always make important internal records readily available at your convenience. Submitting a written request is the best way to ensure you receive all documents related to your case.
- Not following your treatment plans: If you don’t keep up with follow-up appointments or stay on top of your own recovery, it can undermine your case. The other side may argue that the bulk of your injuries were caused or worsened by your own actions.
- Waiting too long: Two years might seem like a lot of time, but the filing deadline can sneak up on you fast. It’s important to start building your claim early on so you don’t have to rush later.
Frequently Asked Questions
Can I Still Have a Medical Malpractice Claim if I Don’t Have All of My Medical Records?
Yes, you don’t have to have all of your medical records on hand to have a valid malpractice claim. Our knowledgeable attorneys can help gather all the evidence you need to build a strong case, including medical records you may have had trouble accessing.
What if a Hospital or Doctor Will Not Release My Medical Records?
You have a legal right to your own medical records under both Illinois and federal laws. If your healthcare provider refuses to allow access to your medical records, our legal team can help protect your rights.
How Long Should I Keep Medical Records Related to My Injury?
Maintaining records related to a legal claim is always the safest bet. If you must dispose of your medical records, make sure to wait until your case is fully resolved. If you’re not pursuing a claim, wait until at least four years after the date you were injured, which is the absolute latest time you can file a malpractice lawsuit in most circumstances under Illinois law.
Does Illinois Limit Damages in Medical Malpractice Cases?
No, there are no “damage caps” under Illinois law for medical malpractice cases. Illinois is one of the few states in the country where legal limits on compensation for civil lawsuits have been found unconstitutional.
Let Our Illinois Medical Malpractice Lawyers Help You
If you’re considering a medical malpractice lawsuit but don’t know where to start, the trusted legal team at Levin & Perconti can help you build a strong claim and pursue the compensation you deserve. Contact us online or call (312) 332-2872 today to schedule your free consultation.
