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Pursuing a Medical Malpractice Lawsuit in Illinois


Facing illness of any kind can be overwhelming, using up all your energy and leaving you feeling utterly exhausted. You trust your doctors and surgeons to take care of you and fix the problems, so you can go on with your life.

When that trust is betrayed, it becomes difficult to believe in anyone or anything. If this betrayal has left you injured in some way, the long-term effects are compounded, and it’s crucial that you obtain legal representation by a medical malpractice lawyer. Being a victim of medical malpractice or negligence is something no one should have to endure alone.

Medical malpractice form on white tabletop with stethoscope and gavel

Filing a Medical Malpractice Suit in Illinois

Filing for malpractice in Illinois can be incredibly challenging, with several strict procedural rules that must be followed. The burden of proof is entirely on the plaintiff, which can be even more time consuming that you might imagine.

It’s important to keep a few key points in mind when deciding whether or not to file a complaint. Having an experienced malpractice attorney on your side will prove to be invaluable, so we always recommend starting there.

Statute of Limitations

The state puts a limit on the amount of time you are allowed for research and filing. In the State of Illinois, the statute of limitations for medical malpractice cases is two years. This means you have two years from the date you discovered malpractice has taken place. There are exceptions for specific circumstances, but you should always consult your attorney to determine if you qualify.

Affidavit of Merit

When filing a complaint for medical malpractice in Illinois, an Affidavit of Merit must also be included. This is a legal document stating the plaintiff has consulted with a qualified medical expert who is knowledgeable about the case, and practices or teaches in the same field with at least six years of experience. Failure to file the Affidavit of Merit is grounds for dismissal of the lawsuit.

Burden of Proof

It can be extremely difficult to prove medical malpractice, but it is possible when proper supporting evidence is shown. The plaintiff will need to establish the basis for the claim, then prove negligence.

If you or a family member think you may be the victim of medical malpractice, action should be taken as soon as possible for the best chance of a successful outcome. When searching for an attorney, always consult with an experienced attorney who specializes in medical malpractice.


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