Read Bio
Since 2005, Michael Bonamarte IV has been a passionate advocate for victims of negligent conduct, corporate malfeasance, and medical malpractice. He has won numerous awards and recognitions, including Best Lawyers in America and Super Lawyers’ Rising Star. He has presented for the American Association for Justice, the AAJ Nursing Home Litigation Group, the John Marshall Law School, and numerous other legal associations. He regularly lectures at Chicago-area aging organizations about nursing home abuse. His writings have been published by the American Bar Association, the Chicago Daily Bulletin, and numerous other prestigious publications.
Read Bio
Since 2005, Michael Bonamarte IV has been a passionate advocate for victims of negligent conduct, corporate malfeasance, and medical malpractice. He has won numerous awards and recognitions, including Best Lawyers in America and Super Lawyers’ Rising Star. He has presented for the American Association for Justice, the AAJ Nursing Home Litigation Group, the John Marshall Law School, and numerous other legal associations. He regularly lectures at Chicago-area aging organizations about nursing home abuse. His writings have been published by the American Bar Association, the Chicago Daily Bulletin, and numerous other prestigious publications.
If you or a loved one has been harmed by a medical error, one question comes up almost immediately: How soon should I actually talk to a lawyer?
To find out, we asked 21 medical malpractice lawyers a simple but important question: Why is it important to hire a medical malpractice lawyer as soon as possible? Their answers, though written independently and in their own words, focused on a handful of clear themes. Here’s what they told us.
1. The Statute of Limitations Is the #1 Concern
By far the most common answer, cited by 18 of the 21 medical malpractice attorneys, was the statute of limitations (SOL). Medical malpractice claims are governed by strict filing deadlines that vary by state, and in many cases, that window is shorter than people expect.
As one attorney put it, delaying can mean discovering you have a legitimate case only to learn it’s already too late to file. Attorneys stressed that missing this deadline doesn’t just weaken a case; it can eliminate it entirely, regardless of how strong the underlying facts are. Several also noted that pre-suit requirements, like formal notice periods, can shrink the effective time even further, making early legal help essential just to keep every option on the table.
2. Preservation of Evidence
Nearly two-thirds of respondents (14 of 21) pointed to evidence preservation as a critical reason to act quickly. Medical records can be lost, altered, or “corrected” over time. Physical evidence and documentation tied to the injury can disappear. The longer a claim sits unaddressed, the harder it becomes to reconstruct exactly what happened.
Attorneys emphasized that securing complete medical records before any alteration occurs is one of the most time-sensitive tasks in a malpractice case, and it’s something only a lawyer engaged early can properly manage.
3. Building a Strong Case Takes Time
9 attorneys highlighted the sheer amount of investigative work required to build a solid claim: identifying every potentially liable party, understanding the full scope of damages, and developing the legal theory of the case. This isn’t work that can be rushed in the final weeks before a filing deadline. The earlier an attorney is involved, the more thoroughly they can investigate, which several respondents linked directly to better outcomes and higher case values.
4. Memories Fade Fast
8 attorneys pointed to something easy to overlook: human memory. Patients, family members, and even healthcare providers involved in the incident remember details more clearly in the immediate aftermath. Waiting months or years to describe what happened means relying on a fuzzier, less reliable account, one that can weaken testimony and credibility down the line.
5. Experts Need Time Too
5 attorneys noted that building a credible malpractice case almost always requires qualified medical experts to review records and establish that the standard of care was breached. Lining up the right experts and giving them enough time to properly evaluate a case isn’t something that happens overnight; it’s another reason early engagement matters.
6. Earlier Engagement Can Mean Earlier Resolution
4 attorneys mentioned that starting early opens the door to pre-suit negotiation, sometimes allowing cases to resolve before a lawsuit is even filed. Getting ahead of the process gives both sides more room to reach a fair outcome without the time pressure of an approaching deadline.
7. A Buffer Against Insurers
A smaller but notable group of attorneys raised two related points that are easy to underestimate:
- Protection from the other side. A few respondents noted that an attorney acts as a buffer between the client and hospital risk management or insurers, helping ensure clients don’t unknowingly say something or sign something that undermines their own claim.
- Emotional support. Others pointed out that hiring a lawyer early simply relieves stress. Instead of wondering “what if,” clients have someone in their corner from the start, at what is often one of the most difficult periods of their lives.
The Bottom Line
Across 21 independent responses, one message came through loud and clear: in medical malpractice cases, time is not on your side. Deadlines are stricter than most people realize, evidence degrades quickly, and memories fade. The attorneys surveyed were consistent in their view that early legal involvement isn’t just a matter of convenience; it materially affects whether a case can be filed at all, and how strong it will be if it is.
Don't Wait to Find Out Your Options
If you believe you or a family member has been the victim of medical malpractice, the consensus from these 21 attorneys is clear: don’t wait to find out your options. Levin & Perconti has more than 400 years of combined experience and a long history of advocating for individuals harmed by medical malpractice.
A conversation can help bring clarity during a difficult time and determine what options may be available. Call (312) 332-2872 or reach out online to start the conversation today.
