How Medical Malpractice Cases Work in Illinois
Medical malpractice cases are different from other injury claims. They are built on medical
records, expert testimony, and a detailed understanding of how care should have been provided.
Before a case can be filed, the evidence must support not only that something went wrong, but
that the care fell below the accepted standard and caused harm.
Step 1
Record Collection and Review
The process begins with gathering complete medical records from all providers involved.
These records are then organized to understand what the patient’s condition was, what care was provided, and when key decisions were made. In many cases, the timeline is critical.
Step 2
Identifying the Standard of Care
The next step is determining what should have been done.
This requires understanding the medical issues involved and comparing the care provided to accepted medical practice. Not every bad outcome is malpractice. The question is whether the care deviated from the standard.
Step 3
Expert Review (Illinois Requirement)
Illinois law requires that a qualified medical professional review the case and provide a written
opinion that there is a reasonable basis for filing suit. This is not optional. Without expert support, a case cannot proceed. This requirement ensures that cases filed in Illinois are supported by qualified medical opinion.
Step 4
Filing the Lawsuit
If the case is supported, a lawsuit is filed along with the required affidavit. The case then enters formal litigation, including written discovery, depositions of physicians and other witnesses, and expert disclosures.
Step 5
Defense Strategy
Hospitals and physicians defend these cases aggressively. Common defenses include that the
outcome was unavoidable, that the condition was already progressing, or that the care met the standard under the circumstances. These defenses must be addressed through careful preparation and expert testimony.
Step 6
Resolution or Trial
Some cases resolve through settlement. Others proceed to trial. Cases that are prepared
thoroughly from the outset are in a stronger position, whether in negotiation or before a jury.
I handle a limited number of medical malpractice cases so that each one can be evaluated and prepared properly. If the records support a claim, I will explain why. If they do not, I will tell you that as well.
If you have questions about whether a medical malpractice case is possible, I can review your situation and give you a direct answer.