How to File a Medical Malpractice Claim in Illinois
Suffering an injury from medical malpractice is a stressful experience, even before you try to determine how to file a claim. While it’s possible to file a successful claim without an attorney, it can be overwhelming to learn the complex legal procedures, deadlines, and evidence requirements while still recovering and processing your injuries.
You shouldn’t have to take on the complicated legal process alone. The experienced Illinois medical malpractice lawyers with Levin & Perconti can help you sue your health care providers, hold them accountable for their negligence, and get the compensation you deserve. Contact us online or call (312) 332-2872 today for a free consultation.
9 Steps for Filing a Medical Malpractice Lawsuit in Illinois
The medical malpractice claim process can be long and confusing, but the right legal help can significantly reduce your stress and let you focus on healing. Here is a list of the nine steps to file a negligence lawsuit in Illinois:
1. Consult With a Medical Malpractice Attorney
Talking to an experienced lawyer is the best way to improve your chances of filing a successful medical malpractice claim. When you sit with our team for a free, no-obligation case evaluation, we’ll review your situation and explain your legal options in plain language. You won’t pay us anything unless we win your case.
2. Verify Your Injury Falls Within the Illinois Statute of Limitations
Generally, you will have two years from your injury date to file a medical malpractice claim under Illinois’ statute of limitations. If you fail to file within that time frame, you will likely lose your opportunity to recover compensation.
Before taking any major steps in your case, your attorney will review your claims to ensure your injuries fall within the statute of limitations and determine whether any exclusions apply.
3. Obtain an Affidavit of Merit
In Illinois, medical malpractice victims must submit an affidavit of merit with their lawsuit. An affidavit of merit is a sworn statement, written by a health care professional with experience in the area of medicine relevant to the case, declaring that the patient likely has a valid malpractice claim.
Our firm’s connections with top nationwide experts allow us to draw upon the best of the best to draft your affidavit of merit, ensuring your case begins with a strong foundation of testimony from an informed professional.
4. Notify Your Health Care Provider
When you’re ready to file your claim, you must first send the defendant’s health care provider a notice of intent detailing your allegations against them. Once the defendant receives the notice, you must wait 60 days before filing the lawsuit.
5. Begin Settlement Negotiations
Your lawyer can speak with the other party and their insurers to negotiate a potential settlement before filing suit. If you cannot reach a fair deal before filing suit, negotiations can continue throughout the legal case. It’s possible to reach an agreement at any point before trial.
6. File Your Lawsuit
Filing a complaint will begin your medical malpractice case in the legal system. Your attorney will ensure your suit is filed in the appropriate court and handle any filing fees.
7. Conduct Discovery
As your lawsuit progresses, both parties will exchange evidence, hold depositions, and conduct an investigation to build their cases for trial. Meanwhile, the court may order the parties into mediation proceedings to facilitate a pre-trial settlement.
8. Go to Trial
If the parties can’t reach a settlement agreement, your case will proceed to trial. Your lawyer will work to present a strong case and fight to get you the best possible result. If you’re required to appear, your attorney will coach you and ensure you’re prepared and comfortable. If the judge or jury finds in your favor, you’ll be able to collect compensation.
9. Appeal the Decision
If the verdict goes against you, you have the option to appeal and continue fighting for a different outcome. This step is uncommon in medical malpractice suits, but our knowledgeable lawyers will advise you on your chances of success and recommend the best course of action.
Contact Our Medical Malpractice Attorneys for a Free Case Evaluation
With over 400 years of combined experience and more than $2 billion recovered, the Levin & Perconti team is nationally recognized as a trusted leader in medical malpractice litigation, including birth injury cases. Our attorneys are ready to help you file a medical malpractice claim and secure the compensation you deserve. Call us today at (312) 332-2872 or contact us online to schedule your free consultation and learn more.
Testimonials
Not only were they so professional but also so caring and thoughtful. It was very difficult going over the facts in our mother's case but they were so compassionate and understanding and allowed us to be with them every step of the way. We were able to sit in on the depositions and we were really able to see how hard they worked on our behalf.
During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Perconti were more than just our lawyers. Words can’t really express our gratitude.
They were most patient and responded timely to many questions throughout the entire process. All demonstrated professionalism and extensive knowledge of case and state laws. Their in-depth investigative work uncovered details which were unknown to us and yet sadly confirmed our suspicions. We would recommend the Levin and Perconti Law firm and especially this team.
During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Peconti were more than just our lawyers. Words can’t really express our gratitude. My family and I will always be grateful for the compassion that they showed us. I want to thank you for what you did for my family, and for always being there for us.
Margaret’s representation, guidance, and professionalism gave us the sense that we could put our trust in Levin & Perconti and the final outcome proved that to be true.
Legally Reviewed by
Michael F. Bonamarte, IV
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Related Pages
- Anesthesiologist Error
- Birth Injury
- Defective Medical Devices
- Delayed Diagnosis
- Chiropractor Malpractice
- Failure-to-Diagnose Malpractice
- Healthcare Provider Errors
- Hospital Staph Infection Lawsuit
- Lack of Informed Consent
- Medication & Pharmaceutical Error
- Misdiagnosis or Failure to Diagnosis
- Nursing Home Abuse
- Nursing Malpractice
- OB-GYN Malpractice
- Psychiatric Malpractice
- Radiological Error
- Surgical Error
Notable Results
SETTLEMENT
child who suffered a catastrophic hypoxic-ischemic brain injury as a result of a negligent neonatal resuscitation and intubation
SETTLEMENT
for a former police officer who suffered a life-altering brain injury due to nursing staff negligence at a Chicago hospital
VERDICT
on behalf of a family whose mother died of lung cancer in 2015 as a result of a failure to diagnose
FAQs
- How Long Does a Medical Malpractice Lawsuit Take?
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- How Do I Know If I Have a Medical Malpractice Case?
- How Much Does a Medical Malpractice Lawyer Cost?
- How Long Do I Have to File a Medical Malpractice Lawsuit?
- Can You Sue a Doctor for Negligence?
- Can You Sue a Hospital for Emotional Distress?
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