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How Do You File a Medical Malpractice Claim in Illinois?

October 16, 2025

If you or a loved one has suffered adverse health consequences due to a healthcare provider’s mistake, you may be entitled to financial compensation in a medical malpractice claim. While not all medical mistakes rise to the level of medical malpractice, many do, and it will be well worth finding out if you have a claim under Illinois law. 

When you have a medical malpractice claim in Illinois, there are several steps you need to take in order to seek the financial compensation you deserve. Due to the complexity of the process—and the importance of ensuring that you seek the full compensation you deserve—it is important to have an experienced medical malpractice lawyer on your side. 

7 Steps for Filing a Medical Malpractice Claim 

With this in mind, what should you do if you believe that you or a loved one may be a victim of medical malpractice? Here is a brief overview of the steps involved in filing a medical malpractice claim in Illinois: 

1. Prioritizing Your (or Your Loved One’s) Medical Needs 

If you think you may have a medical malpractice claim, one of the first—and most important—steps you should take is to prioritize your (or your loved one’s) medical needs. If you have not done so already, you should seek a diagnosis and treatment from a different healthcare provider. By prioritizing your (or your loved one’s) medical needs, you will also be taking an important step toward protecting your legal rights. 

2. Gathering as Much Documentation as Possible

Filing a medical malpractice claim requires various forms of evidence. With this in mind, you should do your best to gather as much documentation as possible. This includes documentation such as:

  • Medical records from the hospital or doctor’s visit that you believe involved medical malpractice; 
  • Medical bills, insurance statements, or payment receipts from the hospital or doctor’s visit that you believe involved medical malpractice; and, 
  • Documentation of any diagnosis and/or treatment provided by your (or your loved one’s) new healthcare provider. 

Generally speaking, the more documentation you can collect, the better. With that said, if you don’t have any records that are needed to pursue your medical malpractice claim, your lawyer will be able to collect them for you. 

3. Hiring a Medical Malpractice Lawyer 

As we said above, hiring an experienced medical malpractice lawyer is important for asserting your legal rights effectively. To help maximize your chances of filing a successful medical malpractice claim, you should schedule a free initial consultation as soon as possible. Hiring a lawyer to file a medical malpractice claim on your behalf costs nothing out-of-pocket, as your legal fees (if any) will be deducted from your settlement or award if your claim is successful. 

4. Confirming that You Have a Medical Malpractice Claim 

Once you hire a medical malpractice lawyer to represent you, your lawyer will take the steps necessary to confirm that you have a valid claim under Illinois law. Your lawyer will review your claim based on his or her past experience in medical malpractice cases; and, if warranted, your lawyer will hire a medical expert to prepare a report that explains how your (or your loved one’s) healthcare provider failed to meet the requisite standard of care. 

5. Documenting Your (or Your Loved One’s) Malpractice-Related Losses 

Along with confirming that you have a medical malpractice claim, another key step in the process will involve determining how much you deserve to recover. Your lawyer will work closely with you to document all of the financial and non-financial costs resulting from your (or your loved one’s) substandard medical care. 

6. Obtaining an Affidavit of Merit and Filing a Notice of Intent

In Illinois, before you can file a medical malpractice claim, you must obtain an “affidavit of merit” from a qualified medical expert, and you must also file a “notice of intent.” These are steps that your medical malpractice lawyer will take on your behalf. 

7. Filing Your Medical Malpractice Claim

Finally, once you have taken all of the necessary preliminary steps, then you can file your medical malpractice claim. Your lawyer will deal with your (or your loved one’s) healthcare provider and its insurance company on your behalf; and, if a settlement offer is on the table, your lawyer will help you decide whether to accept the offer or keep fighting for additional financial compensation. 

Get Started with a FREE Initial Consultation Today 

The Chicago medical malpractice lawyers at Coplan + Crane have extensive experience handling cases involving medical negligence. If you were harmed at the hands of a doctor or other medical professional, you need to know your rights. You may be entitled to compensation for your physical, financial, and emotional losses.

Contact Coplan + Crane today online or at (312) 982-0588 for a FREE case evaluation. We help clients across Illinois, including Chicago, Oak Park, Rockford, and other areas.