Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, resulting in harm to a patient. But proving malpractice is often more complex than other injury cases. It requires strong evidence, expert input, and a clear link between the mistake and your injury.
In Illinois, medical malpractice claims follow specific legal requirements. Here’s what it takes to build a successful case:
1. Establish the Standard of Care
First, you must define what should have been done. The “standard of care” refers to the level of skill and attention a competent provider would offer under the same circumstances. This standard depends on the provider’s specialty, training, and the medical situation involved.
For example, an emergency room doctor may be held to a different standard than a cardiologist or orthopedic surgeon. You’ll need to show what a reasonable provider in that role should have done.
2. Show a Deviation From That Standard
Next, you need to prove that the provider did not meet that standard — either by doing something they shouldn’t have done or failing to act when necessary.
This is usually proven through expert testimony. A qualified physician in the same field will review your case and confirm that no reasonable provider would have acted the same way. Without expert input, your claim is unlikely to move forward.
3. Prove the Provider’s Mistake Caused Your Injury
Not all medical errors are grounds for a lawsuit. You must show that the provider’s mistake directly caused your injury or made your condition worse.
This element — known as causation — is often where cases rise or fall. For instance, if a doctor failed to diagnose cancer early enough, you’ll need to prove that the delay made the condition significantly worse than it would have been with timely treatment.
4. Demonstrate That You Were Harmed
Even if a mistake occurred, you won’t have a claim unless it caused real, measurable harm. That might include:
- Additional medical procedures or hospital stays
- Long-term health complications
- Physical pain or disability
- Emotional trauma
- Lost wages or diminished earning ability
Your legal team will need documentation to prove the full scope of your damages.
5. Comply With Illinois Legal Requirements
In Illinois, your attorney must file an affidavit of merit with your lawsuit. This is a sworn statement confirming that a qualified medical expert has reviewed your case and believes it has merit. It’s not optional — it’s required by law.
Beyond that, your legal team will gather:
- Medical records and treatment notes
- Test results and imaging reports
- Billing statements
- A detailed timeline of care
How We Can Help
At The Illinois Hammer Injury Law Firm, we work with top medical experts and have the resources to handle complex malpractice cases. If you believe you’ve been harmed by a medical error, contact us for a free consultation. We’ll walk you through your options and fight to get the justice and compensation you deserve.
