Medical mistakes are alarmingly common; and, for many patients, filing a medical malpractice lawsuit is a critical step in the recovery process. Not only can medical mistakes lead to unexpected medical bills, but they can lead to lost income, pain and suffering, and other financial and non-financial losses as well.
If you think you may need to file a medical malpractice lawsuit, here is an overview of what you can expect along the way:
To file a medical malpractice lawsuit, you will need a lawyer. Medical malpractice lawsuits are complex, and there are numerous steps involved in seeking just compensation for the life-altering consequences of a medical mistake. Your initial consultation with a medical malpractice lawyer is completely free; and, if you decide to file a lawsuit, your lawyer will represent you on a contingency-fee basis.
Once you hire a medical malpractice lawyer to represent you, one of your lawyer’s first priorities will be to gather evidence of your healthcare provider’s mistake. While your medical records (from both before and after the mistake) will be key evidence, your lawyer may need to gather various other forms of evidence as well.
If the evidence supports filing a medical malpractice lawsuit, your lawyer’s next step will be to hire a medical expert to assist with preparing an affidavit of merit. This is a requirement under Illinois law. This affidavit will state that you have grounds to file a medical malpractice claim, and it will be based on a written report or certificate from the medical expert based on his or her professional opinion and expertise.
Once your lawyer has secured an affidavit of merit, your lawyer can then prepare and file a notice of intent to sue. This is also a requirement under Illinois law. As its name suggests, this document notifies your healthcare provider of your intent to take legal action.
Usually, this is the stage at which your healthcare provider’s insurance company will get involved. Most healthcare providers have insurance that covers medical malpractice claims. In a typical scenario, a healthcare provider will forward a notice of intent to its insurer, and then its insurer will handle the next steps in the process.
Along with proof of your healthcare provider’s mistake, filing a successful medical malpractice lawsuit also requires proof of your financial and non-financial losses. Your lawyer will use your medical records, your employment records, and various other forms of documentation to prove how much you are entitled to recover. But, you will play an important part in this process as well—particularly when it comes to documenting your non-financial losses. Your lawyer will be able to explain everything you need to know.
After thoroughly assessing the value of your claim, your lawyer will negotiate with your healthcare provider’s insurance company. Many (but not all) successful medical malpractice lawsuits are resolved at this stage of the process. If your healthcare provider’s insurance company makes a settlement offer, your lawyer will help you make an informed decision about whether to accept.
If your healthcare provider’s insurance company is unwilling to make an acceptable settlement offer, then going to mediation might be the next step. Mediation is a type of guided negotiation process where a neutral third party (the mediator) works to help the parties come to terms. Unlike a judge, a mediator does not render a binding decision. If mediation does not lead to a settlement, then the final step in the process is to take your medical malpractice lawsuit to court.
Of course, going to court is a process on its own. There are several steps in the litigation process, all of which require an informed strategy and skilled legal representation. If you need to take your case to court, your lawyer will spend an extensive amount of time conducting discovery, filing motions, and preparing for trial—and then your lawyer will rely on his or her preparations to seek a favorable verdict.
Do you need to know more about the process of filing a medical malpractice lawsuit in Illinois? If so, we invite you to get in touch with our Chicago medical malpractice lawyers right away.
Contact Coplan + Crane today online or at 312-982-0588 to schedule a FREE case evaluation. We welcome clients from across Illinois, including Chicago, Oak Park, Rockford, and other areas. We handle these cases on a contingency basis, which means you don’t pay unless we win.
