How to File a Medical Malpractice Lawsuit in Illinois
Medical malpractice is difficult to prove. In many cases, the victim of malpractice only gradually realizes his doctor's error. Illinois has a four year statute of limitation on filing such cases so sometimes the victim's realization comes too late. The cases force a jury to decide which set of expert witnesses are right and which are wrong and the juries usually side with doctors. In Chicago about 80 percent of malpractice suits against doctors and hospitals fail. In DuPage County, the patient wins only about 5 percent of the time.
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Things You'll Need
- Medical malpractice attorney
- Written statement from an expert that you are a victim of malpractice
- Civil complaint
- Filing and service fees
Instructions
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Conclude that an ongoing health problem or injury is the result of medical malpractice within the last four years.
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Consult with an attorney who specializes in medical malpractice. These cases are expensive to pursue, the attorney often works for a percentage of the judgment and an attorney may decide those damages may amount to less than his costs. The attorney will probably refer you to a physician who specializes in diagnosing malpractice complaints.
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Secure an opinion from a physician or other medical expert that you are a victim of medical malpractice. This expert will review your symptoms, medical files and additional information about the medical professional who injured you and he will certify in writing whether he thinks you suffer from medical malpractice or not. You must have a written, expert opinion that you suffered medical malpractice before you can sue for medical malpractice.
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File suit malpractice against the doctor, nurse, physical therapist or hospital that injured you. You must file a civil complaint detailing your injuries and the damages you suffered with the clerk of an Illinois Circuit Court near where you live or near where you were injured.
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Pay a filing fee, as of 2011, of $337 if the amount you seek is more than $15,000 or $247 if the amount is less.
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Hire a professional process server to deliver copies of your complaint to everyone you are suing. As of 2011, the service typically costs $75 for each delivery. The respondents to your suit must be officially notified as part of your filing.
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References
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