Suing for Medical Malpractice in Springfield

After speaking with a Springfield malpractice attorney, you may find that you have a valid medical malpractice claim. If you wish to file a lawsuit and pursue medical negligence compensation, then you need to work with your attorney to gather evidence and complete an Affidavit of Merit.

Illinois law requires that in order for medical negligence cases to move forward, the plaintiff, which is you, must attach an affidavit by a health care professional who can attest to:

  • Having knowledge regarding the medical issues in the case;
  • Currently practicing or teaching in the area of medicine relevant to your case; and
  • Having experience and competence in the matters in your claim.

This affidavit is a written report from the medical expert, and it must include a statement that the medical professional believes there is a reasonable and meritorious cause for the lawsuit.

If you fail to file this affidavit with the complaint or within 90 days of filing the lawsuit, then the defendant can file a motion to dismiss and it will likely be granted by the court.

Medical Malpractice Compensation

When you suffer an injury or loss due to a medical professional’s negligence, you should speak to a Springfield malpractice attorney about your right to pursue compensation. In most cases, your attorney will advise you to file a lawsuit as soon as they have obtained the necessary basic evidence and the medical expert’s affidavit. However, the goal may not be to go to trial. Instead, the goal is often to obtain you full and fair compensation through a medical malpractice settlement.

Whether your attorney’s strategy focuses on a settlement or winning at trial, they will pursue compensation for your:

  • Medical Expenses
  • Lost Wages
  • Pain and Suffering
  • Emotional Distress
  • Disability
  • Disfigurement
  • Reduced Earning Potential
  • Loss of Normal Life

If you are filing a wrongful death medical malpractice case, you should speak to a Springfield medical malpractice attorney about how your damages differ from an injury claim. You and your family may pursue compensation for your loved one’s medical bills, funeral and burial expenses, and your grief and emotional distress.

Illinois’ Medical Malpractice Statute of Limitations

Another law you must follow in regard to filing a medical negligence lawsuit is the statute of limitations. In most situations, you must file your lawsuit within 2 years of the date you were injured or the date you knew or should have known through reasonable diligent that you were injured because of the health care professional’s negligence.

Overall, no matter how long it takes you to discover the negligence, you must file a medical malpractice case within 4 years of the date the medical mistake occurred. This is known as a statute of repose.

For injuries to a minor, the deadlines are different. For those who are injured by a medical mistake when they are younger than 18 years, they must bring a claim within 8 years from the date of the mistake and no later than their 22nd birthday.

Contact Our Springfield Medical Malpractice Law Firm

When you believe you have been hurt by a negligent or reckless doctor or another medical professional, the best thing to do is schedule an appointment to talk with our Springfield medical injury attorneys. The only way to determine if you have a valid and strong legal claim against a medical provider, hospital, or other facility is to have an experienced lawyer review your circumstances.

At Staver Accident Injury Lawyers, P.C., we will listen to your story, obtain and scrutinize the evidence, and explain your rights and legal options. If you have a medical malpractice case, we will fight hard for you to receive full and fair compensation for your physical, psychological, and financial injuries.

To schedule your free confidential consultation, call (217) 528-9955 or use our online contact form.