Chicago Medical Malpractice Lawyer

Medical malpractice cases are complex and difficult to prove. Under Illinois law, medical providers cannot be held liable unless they deviated from the standard of care of the local medical community. Health care providers, hospitals and their insurance carriers often claim that medical injuries result from known complications related to medical procedures or were simply unavoidable, and therefore they cannot be held liable.

Our medical malpractice law firm has developed relationships with some of the nation’s leading medical professionals to help us determine the cause of medical injuries, as well as the long-term medical and financial consequences of those injuries. There are ways to definitively prove medical malpractice. Together we will look at your case and analyze what your options are. Don’t take on the complicated legal system alone. Our Chicago medical malpractice attorneys are here to work with you every step of the way.

Illinois specifies the necessary criteria for holding a medical professional accountable. Doctors or any other medical staff are liable for medical malpractice if they’re negligent and cause you to suffer. 

Most of the time, medical records that are associated with your treatment must be released in order to determine whether or not a mistake was made that could give rise to a medical malpractice claim. Chicago medical malpractice attorneys can assist you in securing copies of your treatment records. 

From here, a medical expert must evaluate your medical records and statements. This is to determine whether the care fits into the scope of what’s medically considered, “reasonable” or if the healthcare professional acted negligently.

You may also need to have a medical examination to determine the direct impact that your treatment had on your current health. 

First, you’ll need to gather as much evidence as you can to prove the medical professional was negligent. Then, you’ll file a civil lawsuit. This must be done within the statute of limitations.

Also, your medical malpractice claim must be filed in the appropriate court. For Illinois, you’ll need an affidavit that indicates your records and health status has been reviewed by a medically professional that reasonably believes the treatment received could result in a medical malpractice lawsuit.

When filing for a medical malpractice lawsuit in Chicago, you can sue the doctor or health care provider. The person who made the mistake, directly, may not be the only one at fault.

Doctors don’t always have the funds available to provide you the full compensation you deserve. If this is the case, you may take legal action against the hospital to have your losses reimbursed.

Healthcare clinics, hospitals, and other facilities that employ physicians can be held legally responsible for medical malpractice. If the facility was negligent in the policies, compared to the medical standard, they can and should be held accountable.

Hospitals and clinics can also be held responsible for the actions (or lack of actions) of employees. If a doctor, nurse, or other staff member was negligent when providing care to a patient, the acts of the employee are treated as acts of the hospital.

You must file a claim for medical malpractice in Chicago within two years of the medical malpractice incident. However, exceptions exist in certain cases. For example, if the mistake wasn’t discovered until later, this can extend the two year period. But, regardless of the circumstances, all medical malpractice claims must be brought up within four years of the incident. 

Medical malpractice cases in Chicago can be complex and can take anywhere from several months to over a year. You’ll need to get copies of all of your medical records, ask other medical professionals to review your records. After speaking to a Chicago medical malpractice attorney, you may want to interview witnesses.

Once the initial investigation is complete, your medical malpractice attorney will file a complaint. This will typically happen with the Circuit Court in Chicago, or wherever the medical malpractice occurred. 

To file a medical malpractice claim in Illinois, your complaint must include a sworn statement from your lawyer stating: 

• Your lawyer did consult with a medical expert on your behalf
• The medical expert chosen was qualified to review your case
• The medical expert determined in a written report that there is a reasonable cause to file a medical malpractice claim

This process is called “discovery”. For some cases, your lawyer may need to obtain a court order to force the other side to comply with the request for discovery. 

In most cases, we can settle the claim without needing to go to trial. However, if a medical malpractice settlement can’t be reached, one of the medical malpractice attorneys at Curcio law offices will be prepared to take your case to trial.