Medical Malpractice
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Do You Have a Medical Malpractice Claim in Illinois?
Medical malpractice cases are complex. To help you get started, we’ve outlined a basic checklist that covers the critical elements required to build a strong claim. Gathering this information early can significantly support your case.
1. Prove the Doctor-Patient Relationship
You must show that a medical provider agreed to treat you and provided care.
☐ Name of the doctor(s) who treated you
☐ Name of the hospital, clinic, or healthcare facility
☐ Names of any other healthcare providers involved (e.g., nurses, anesthesiologists, techs)
☐ Copies of forms or documents such as:
- Appointment reminders
- Pre-admission paperwork
- Pre-surgery information sheets
- Discharge instructions
2. Identify What Went Wrong (Breach of Standard of Care)
You must prove your provider’s care fell below accepted medical standards.
☐ A description of what happened and how the care was inadequate
☐ A statement from another doctor or expert confirming the care should have been different
☐ Witness names and, if possible, written statements (family members, other healthcare workers, etc.)
☐ Your full medical records from before and after the incident
☐ Any discrepancies between your records and what you were told
☐ Other supporting documents such as:
- Prescriptions
- Diagnostic test results
- Notes or orders from procedures, especially those performed after the event
3. Prove the Link Between the Malpractice and Your Injury
It’s not enough that a medical mistake occurred — you must show it caused harm.
☐ A clear explanation of how the provider’s actions led to your injury
☐ Evidence showing a direct link between the medical error and the harm you suffered
☐ Consider whether more than one provider may be at fault
4. Document Measurable Damages
You must show that the injury caused real, measurable harm.
☐ All medical bills and insurance statements (before and after the incident)
☐ Documentation of missed work and lost wages
☐ Evidence of lost career opportunities or future earning potential
☐ Cancelled plans (e.g., vacations, life events) due to injury
☐ Descriptions of pain and suffering, physical limitations, or emotional distress
☐ Notes about how your injury has affected:
- Your daily life
- Your mental health
- Your sleep, mobility, or ability to enjoy life
☐ Effects on your immediate family or dependents (e.g., spouse, children, aging parents)
5. Act Quickly and Stay Organized
Time is critical in medical malpractice cases.
☐ Create a timeline of events from your first appointment to the present
☐ Gather and safely store all relevant documents and notes
☐ Contact an experienced medical malpractice attorney as soon as possible
IMPORTANT! Understanding the Illinois Statute of Limitations
In Illinois, there is a time limit for filing a medical malpractice lawsuit. This time limit is called the statute of limitations. You will not be able to file a lawsuit after this time limit expires.
- Generally speaking, the Illinois statute of limitations is two (2) years from when your injury due to medical malpractice was discovered.
- If the doctor or other healthcare provider intentionally or fraudulently concealed the medical malpractice, this may be extended to five (5) years after the injury was discovered.
- If your injury is not discovered right away, the statute of limitations runs out four (4) years after the date of the medical malpractice event.
However, there are exceptions for children and incapacitated individuals.
- The Illinois statute of limitations for medical malpractice involving a child is eight (8) years after the date the injury was discovered, up to the child’s 22nd birthday.
- There isn’t a statute of limitations for children left permanently disabled.
- The Illinois statute of limitations for incapacitated individuals due to legal disability including injury (such as a coma) or mental disability is two (2) years after the disability is removed. An example of a disability being removed would be when a patient revives from a coma. If the disability is never removed, the time limit never expires.
Dealing with the consequences of your injury can be difficult, and the urge to put it off until you’re feeling better is understandable. Unfortunately, delays in filing because of mental anguish are not recognized by the courts. Filing after the statute of limitations has run out means you will not be able to get the compensation – or the justice – you deserve.
Vinkler Law makes the process as easy as possible, taking away much of the stress and anguish you might be feeling. Contact our legal team right now to see how we can help.
