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Although every Illinois medical malpractice lawsuit is different when pursuing a lawsuit each case follows a similar process.

1. Discovery that malpractice occurred: An Illinois medical malpractice lawsuit, in most cases, needs to be filed within two years from the date that malpractice could have been reasonably discovered, but no more than four years from the actual malpractice date. These time limits can be longer in cases of minors or shorter against government entities.
2. Review of medical records: Unlike most cases, a viable medical malpractice lawsuit can not be brought instantly, but rather it requires a plaintiff to gather relevant medical records and have them reviewed by a medical expert in the same field who believes that the standard of care has been violated and that a law suit would be meritorious. In other words, if you wanted to bring a case against an anesthesiologist you would need another anesthesiologist to review the records. Your attorney usually is the one who finds the expert for the review.
3. Filing of the lawsuit: Once an expert has stated that the standard of care has been violated, a suit can be filed (or if the statute of limitations is going to run a suit can be filed as long as an expert is found in 90 days). The lawsuit is typically filed in the county where the malpractice took place.
4. Discovery: Finding an expert and filing a lawsuit does not guarantee that a case will be successful. A doctor is allowed to defend himself/herself. This includes recruiting their own experts that may feel the standard of care was not violated. This also includes depositions of the plaintiffs, defendants and all other relevant witnesses. The defendant will also be allowed to obtain medical records from previous medical providers and conduct an investigation into past health issues of the affected person.
5. Motions: Based on information obtained in discovery, each side can make motions to the court. The most common motion is a motion for summary judgment. This is a request to the judge to decide the case without a trial. This would be granted when a judge does not believe that the facts obtained in discovery present a real dispute or if a case should be barred for other reasons.
6. Negotiations: While many Illinois medical malpractice lawsuits go to trial or are dismissed, in most instances the plaintiffs and defendants will make a good faith effort to resolve the case through negotiations. There is no requirement for this in Illinois, but this can include mediation by an unbiased third party or direct conversation between the lawyers. Negotiations can take place at any time in the process including when a trial has already started.
7. Trial: If negotiations fail then a trial will occur. This is almost always before a jury of 12 people. The facts of the case will determine how long a trial will last, but it usually takes one week or longer. Medical malpractice cases are very complex and usually require a long history and detailed analysis of medicine.
8. Verdict: Once the trial is over the jury will deliberate and hopefully make a decision.
9. Post trial motions and appeal: Following a trial each party could appeal the decision to the Illinois Appellate Court or file motions asking the judge to change the verdict.

If you have any questions about the stages of an Illinois medical malpractice case or would like a referral to an experienced Illinois medical malpractice lawyer please do not hesitate to contact us. All calls and e-mails are free and confidential.

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