Illinois Med Mal: What do I need to know?

1. I think my health care provider committed malpractice. Now what?
Consultations with an attorney are free. So, to know if you have a viable medical malpractice case, speak with an attorney. An experienced Illinois medical malpractice attorney will listen to the facts of your case and, because these types of cases are complex, consult with medical experts in order to determine whether you have a case. People come to us to determine which lawyer to consult with. Contact us if you wnt a referral.

Because medical malpractice attorneys work on a contingency basis (you pay nothing unless you get something, whether a jury award or a settlement), you should never have to pay any money upfront. You also want to find an attorney who has experience and a record of success with medical malpractice cases similar to yours. We can help you find the right attorney for your case (at no charge and strictly confidential).

2. I signed a consent form. Does that mean I waived my rights?
No. You didn’t give the health care provider the right to commit malpractice. Signing a consent form does not mean that your health care provider is allowed to deviate from the standard of care.

3. This happened a long time ago. Is it too late to file a lawsuit? In Illinois, generally, you have two years from the date you knew or should have known that malpractice occurred (but no more than four years) to file your lawsuit before it is barred forever. However, every case is different and an experienced Illinois medical malpractice attorney will be able to advise you, depending on the facts of your case. In some cases the time limits are just one year. In injuries to children the time limits are potentially up to eight years. So, the best thing to do is not to wait any longer and talk to an attorney right away.

4. What will my lawyer need from me?
You will get the most out of an attorney-client relationship if you are organized and prepared. Before the consultation, if you can, organize your medical records, any photos that show your injury or how you’ve suffered and the names of any witnesses. A 1-2 page summary of what happened is almost always helpful.

5. Will my case drag on for a long time?
Every case is different and it depends on the facts of your case. Not all cases go to trial. Oftentimes, cases settle out of court and, depending on when that happens, it could shorten the duration of the litigation by months and even years.

But, you should be prepared that medical malpractice cases are not simple. They involve a great deal of expert analysis and other research, which can take time. If you are looking for a quick result you will probably be disappointed.

Your attorney should always keep you abreast of the developments in your case. You should feel free to ask questions and ask for frequent status updates. It is important that you have an open dialogue with your attorney, that he or she knows what you really want out of filing your lawsuit, so that if and when there are settlement negotiations or you proceed to trial, you are on the same page and your goals are met.

If you believe that you or a loved one has suffered because of medical malpractice, call our office and we can point you to an experienced medical malpractice attorney that is right for your case. Again, it is free and it is private.