If you or a loved one has been injured as a result of medical malpractice in Illinois, there will be several steps to follow to pursue compensation, including:
Get Medical Attention
After discovering medical malpractice, the first step is to seek medical care for the injury or illness you have suffered.
Contact an Attorney
Medical malpractice suits are often too complicated. It is crucial to hire an experienced medical malpractice attorney who can navigate the complicated field of medical malpractice claims and help level the playing field with the insurance companies.
Filing an “Affidavit of Merit”
Before you can file a medical malpractice lawsuit, Illinois law requires victims to first file, with the lawsuit, an affidavit which states that the victim or their attorney has reviewed the facts of the case with a “qualified health care professional” who is knowledgeable about the medical issues involved, is qualified and competent, and currently teaches or practices in the area of medicine in the case. This affidavit must further state that the health care professional believed that there was a “reasonable and meritorious cause” for the filing of the medical malpractice claim.
File a Medical Malpractice Lawsuit
Together with the Affidavit of Merit, your lawyer will file your medical malpractice lawsuit. After filing the lawsuit, your attorney may then conduct discovery to exchange information and evidence with the other party before attempting to negotiate a settlement with the other party or their insurer. If no settlement can be reached, your lawyer may then take your case to trial.
