When you start a medical malpractice case, it is always better to have a clear picture of what you want to achieve. In fact, the better you record your recovery journey, the more accurate the settlement sum might be. Keeping track of your recovery also helps you in the early stages of your medical malpractice lawsuit since it aids in keeping everything straight in your mind.
If you have suffered an injury because of a medical team in Illinois, you have the right to claim compensation by taking them to court. When you open a medical malpractice case here, you can expect to encounter a set standard of legality. These standards ensure that everyone gets the same potential justice, and it leaves nobody out.
What is Medical Malpractice?
To define what happens in the stages of a medical malpractice lawsuit, we must first revisit what it is. Medical malpractice is an umbrella term we give to the process of holding medical teams accountable when they make mistakes. It is an area of tort law. When a doctor or surgeon makes a mistake, they could cost lives. That’s why we need to have an accounting to prevent errors.
To have a case for medical malpractice, you must first prove that a patient-doctor relationship existed. After this, you must prove that the doctor failed in this duty of care while they attended you. Finally, you must demonstrate that your illness or injury was worse because of the doctor’s failure to act. To prove all three of these in the state of Illinois, you must go through extra steps.
The Stages of a Medical Malpractice Lawsuit in Illinois
In common medical malpractice cases in Illinois, the stages of your lawsuit should go as follows.
Proving Doctor-Patient Relationship
The first stage of the case is where your lawyer proves that there was a patient-doctor relationship between you and the accused. This means gathering medical records.
Putting Together a Sworn Affidavit
The second part of the case means proving that the doctor failed in their duty of care to you. This means gathering evidence and recovering medical records. Your lawyer will work hard to put together a sworn version of events that they will work closely with you to produce. This sworn list of events is your statement under oath in a court of law, so it needs to be 100% accurate.
The Extra Step for Illinois
Since Illinois is trying to deter frivolous medical malpractice lawsuits, the court system added in an extra step. As an accuser of medical malpractice, you must find a medical professional who backs up your claim. Their sworn statement goes to the judge at the same time as you file your case. This extra step means you need an expert witness to strengthen your case, who has worked in the industry for 6 years or more.
Will Your Case Go to Court?
Once both parties have put their statements together, the judge will decide if you have a case. After this, the insurance companies are free to argue out the settlement fee. Unless they cannot agree, you will not have to go to court.