Filing a Medical Malpractice Claim

How Illinois malpractice lawyers can help

For 65 years, the skilled Illinois medical malpractice lawyers of the Phillips Law Offices in Chicago have been guiding victims of medical negligence through the process of filing medical malpractice claims to recover compensation for their injuries. Medical malpractice cases are highly complex claims, so it is important to obtain the help of a Chicago malpractice lawyer with the experience and skill to help navigate the complicated procedural rules of malpractice litigation.

What is medical malpractice?

Medical malpractice occurs when the negligence or wrongful acts of a medical professional cause harm to the patient. This harm can be caused by surgical negligence, misdiagnosis, birth injuries, dental injuries, and much more. In a medical malpractice case, the injured victim, or plaintiff, must first prove that the medical professional or facility owed a duty to the plaintiff. This can be established by proving that a doctor-patient relationship existed. The plaintiff and his or her Illinois malpractice lawyer must also prove that the medical professional breached that duty, and that this breach caused the plaintiff to suffer actual harm.

Expert witness required in malpractice claims

To sue for medical malpractice, the plaintiff must present the testimony of an experienced medical expert to support his or her claim. The expert must be someone who meets the following requirements:

  • Expert practiced or taught within the last six years in the same area of medicine that is at issue in the case
  • Expert is qualified by experience or demonstrated competence on the subject of the case
  • Expert has reviewed the medical record and other relevant material and written a report stating that there is cause for the filing the claim

Filing deadlines in medical malpractice claims

Illinois law limits the amount of time an injured patient or the family members of a deceased patient have to bring a medical malpractice claim. A claim must be filed within two years from the malpractice or the date the victim first knew, or should have known, that he or she had suffered harm. If the malpractice victim fails to file a claim within the required period, he or she may be barred from bringing the claim. There may be other exceptions to that deadline depending on the individual case. Because of these strict filing deadlines, it is extremely important to contact experienced Illinois malpractice lawyers immediately to protect your right to recover fair—and much-needed—compensation for lost current and future wages, medical and related expenses, and pain and suffering.

Contact us today

If you are looking for qualified Illinois medical malpractice lawyers, the attorneys of Phillips Law Offices in Chicago offer quality legal services to medical malpractice victims and their families throughout Illinois. Please call us at (312) 346-4262 or contact us online today for a free initial consultation.