Ten Questions to Ask an Illinois Medical Malpractice Attorney

Since 2001 we have helped thousands of people find the best Illinois medical malpractice lawyer for their case. Contact us at 312-346-5320 to speak with an attorney for free for help anywhere in Illinois.

Medical malpractice cases are among the most complex and hard-fought types of lawsuits. They are hard to win so it’s really important that you get the best Illinois medical malpractice law firm possible on your case. Who is right for you depends on the facts of your claim. If you believe you’ve been harmed by a medical provider’s negligence—whether it’s a doctor, nurse, hospital, or clinic—you need to be extremely careful in choosing a lawyer. Many attorneys advertise that they handle these cases, but few have the skill, experience, record of success and financial resources needed to do it well.

To help you find the right fit, we’ve put together a list of ten important questions to ask any attorney before you hire them for your medical malpractice case:

1. How much of your practice is devoted to medical malpractice cases?

Medical malpractice is a highly specialized field. The ideal attorney focuses almost entirely on these cases and has significant experience within this niche or similar catastrophic injuries. If they mainly handle car accidents or other types of personal injury, they will likely not be the right fit. These cases require knowledge of both medicine and how to investigate a case. Having relationships with top doctors to review the facts of your case can be the difference between winning and losing.

2. Have you handled cases involving the type of medical error or injury I experienced?

Whether your case involves a birth injury, a surgical error, a misdiagnosis, or a delayed diagnosis of cancer, it’s critical that your attorney is familiar with the specific issues at play. You don’t want them learning on your case. Ask how often they’ve handled similar claims and what the outcomes were. That doesn’t guarantee you an outcome, but may increase your chances of success.

3. What medical experts do you work with?

This goes back to our first point. Once they hear the facts of your case, ask them what doctor they’ll likely consult with. Every strong medical malpractice case depends on compelling expert testimony. A qualified attorney should have established relationships with medical experts who have excellent credentials and are willing to testify. Most of the attorneys we recommend can call an expert once they hear the basic facts and get an opinion on the case. If the attorney can’t answer this clearly, they may not have the resources or reputation needed to move your case forward.

4. Who will be handling my case from start to finish?

Make sure the attorney you meet will be the one actually working on your case. In malpractice litigation, experience matters—especially when going up against hospitals and large defense firms. You don’t want your case passed off to a less experienced associate or handled primarily by a paralegal. That said, it is very common and beneficial for a law firm to have a team of attorneys on a case. Someone on that team may be younger, but you want your primary attorney to be seasoned.

5. What are the biggest challenges you see in my case?

A good attorney should be honest with you about the strengths and weaknesses of your potential claim. Medical malpractice cases are often defended aggressively, and not every bad outcome is malpractice under the law. You want a lawyer who is realistic, not one who only tells you what you want to hear. If they tell you it’s a slam dunk before they see any medical records they are lying to you.

6. What will this case cost me, and do I owe anything if we lose?

Illinois malpractice attorneys work on a contingency basis, meaning they only get paid if you recover money. They advance the costs of the case—such as expert witness fees and medical record fees—but you should clarify whether you’ll ever be personally responsible for any expenses if the case fails. If they ask you to front any of the costs it’s a huge red flag.

7. How long will the process take, and what are the key stages?

These cases often take years, not months, especially if they go to trial. Your attorney should be able to explain the timeline, from investigation and expert review to filing the lawsuit and going through discovery, depositions, and potentially trial or settlement.

8. How many medical malpractice cases have you taken to trial?

While a settlement in a medical malpractice case can be a great thing, if your attorney doesn’t have a track record of going to trial and winning, they will lost a lot of leverage with the defense attorney and insurance company. Insurance companies don’t just give money away. Also, we have seen a lot of law firms who will drop a case if they can’t get a settlement. That’s not the type of firm you want in your corner.