Chicago is one of the famous cities in Illinois, United States. With a growing number of healthcare facilities, medical malpractice is also increasing. If you believe the action of a healthcare provider led to harm even years after, you are entitled to file a claim in Illinois.
The state has specific laws, such as the statute of limitations and the statute of repose, which dictate strict deadlines. To avoid jeopardizing your case, talk to Chicago, IL med mal lawyers who will guide you on what to do.
Here is a step-by-step guide to guide you on what to do moving forward.
Table of Contents
Verify that You Have a Valid Case
Not every bad medical outcome qualifies as a malpractice case. In Illinois, medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and results in an injury. For example, leaving surgical equipment in your body or birth-related injuries.
To prove your case, you must show these elements:
- The provider owed you a duty of care
- They breached that duty
- The breach of duty caused your injury
- You suffered damages as a result, either physical, emotional, or financial
Know the Deadlines
Illinois’s statute of limitations for medical claims is two years from the date you discovered an injury. Regardless of when you discovered the injury, you cannot file a claim more than four years after the medical malpractice happened. This is called the statute of repose.
For minors, they can file up to eight years after the injury or until their 22nd birthday. The same applies to birth injuries.
Get a Certificate of Merit
In Illinois, the law required a certificate of merit, commonly known as an affidavit of merit, to file a medical malpractice claim. This means a qualified medical professional must review your case and give a written and signed statement that shows there is a reasonable basis to believe an oversight happened. Without this, your case may be dismissed.
Collect Evidence
How strong your case depends on the amount of evidence. Ensure you have:
- Complete medical records
- Test results and hospital bills
- A personal journal tracking your symptoms and their impact on your life
- Written statements from experts and witnesses
A lawyer will help you gather and organize your evidence to make it easier to build your case.
File a Complaint
Once you have the certificate of merit and evidence, an attorney will draft and file a formal complaint with the circuit court in the county where the malpractice occurred. This document explains everything that happened. Additionally, the Illinois Department of Public Health manages a central complaint registry.
Prepare for the Legal Process
After filing your case, it enters the litigation phase. This includes discovery, where evidence is shared, and depositions, followed by mediation or settlement discussions. If you do not reach an agreement, the case will go to trial, where the judge or jury will decide the case.
Conclusion
Filing a medical malpractice claim in Illinois must follow certain steps. The process requires attention to detail in every step, which can be very overwhelming. Having an experienced attorney helping you will take the burden off your shoulders.
