Steps to Take if You Believe You Are a Victim of Medical Malpractice in Illinois

A person who has experienced physical harm due to the carelessness of a healthcare provider in Illinois can hold them accountable by filing an Illinois medical malpractice lawsuit. However, most people have no idea about how to initiate such a suit or even whether they have viable grounds to do so. Our goal is to show you the proper steps to follow when filing a medical malpractice claim in Illinois.

1. Determining that Medical Care Resulted in an Injury

Many times, it’s immediately obvious if a person has been injured due to medical care they received. At other times, the injury only becomes evident later. In Illinois the state set up deadlines by which you must file a medical malpractice claim. Normally, this is two years from the time the injured finds their injury.

2. Consulting with a Knowledgeable Attorney

If you believe you have grounds for a medical malpractice claim, you must consult with a lawyer as quickly as possible. A preliminary consultation will help you determine whether to pursue legal action. Taking this step shortly after discovering your injury can help guarantee filing your case before the deadline hits remains possible.

3. Finding a Medical Expert to Review Your Case

In Illinois, you cannot file a medical malpractice suit unless a medical expert reviews your case and gives an opinion on whether your healthcare provider breached their professional responsibility, causing your injury. A medical malpractice attorney will help you find such an expert.

4. Going through the Process of Discovery and Motions

Discovery involves uncovering the facts, which includes meeting with the other party. The defendant will hire their own expert, whose opinion will probably oppose your expert’s. Both parties will then file Motions regarding various issues. One example of a motion is summary judgment, where one party requests a judge decide the case without going to court.

5. Negotiating a Settlement Out of Court

At any time prior to or throughout trial, the parties may confer and reach an agreement without the aid of a judge or jury. The discussions can be informal between the lawyers for both sides or more formal with a mediator or arbitrator involved.

6. Going to Trial if Necessary

If you cannot reach a settlement, the case will go to trial. After each side presents their case, the jury decides what comes next. If one side is unsatisfied with the verdict, they may appeal. They can file that motion with the judge or the case can go to the appellate courts.

If you believe you are a victim of medical malpractice, contact Grewer Law Group, P.C. today to tell us about your case. With our proven track record of success in medical malpractice claims, we can help you all through the process.