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Filing a medical malpractice claim can feel overwhelming, especially when you’re already dealing with pain, stress, and uncertainty about what went wrong. If a healthcare provider’s negligence led to serious harm, it’s your right to take action and seek justice. Knowing the exact steps to follow can help you prepare for what comes next.
Conboy Law Injury & Medical Malpractice Lawyers helps injured patients through every part of the medical malpractice lawsuit process. Our team handles medical malpractice cases involving surgical errors, birth injuries, medication mistakes, and more.
We understand how difficult these situations can be, and we’re here to provide the legal support, compassion, and clarity you need. With the help of an experienced medical malpractice attorney, you can get through this complex and challenging process and pursue the financial compensation you deserve.
Before you file anything, you must first determine whether what happened truly qualifies as medical malpractice.
Medical malpractice happens when a healthcare professional fails to provide care that meets the accepted standard, resulting in harm to the patient. This is called medical negligence. To file a case, you must show that another medical provider in the same or similar circumstances would have acted differently.
This often requires a thorough review of records and expert opinions to confirm that your injury was caused by a medical professional’s error, not just an unfortunate outcome.
Once malpractice is suspected, the next step involves gathering evidence to support your claim.
Ask for all of your medical records from every healthcare provider involved in your care. This includes test results, surgery reports, discharge papers, and notes from doctors and nurses. These records help your attorney and expert witnesses understand what went wrong.
They also serve as critical evidence during the case. Under the law, you have the right to access your records, and you’ll need them to move forward.
Keep detailed notes about your symptoms, pain levels, and how your life has changed. Take photos when applicable and save receipts for medical bills and any expenses tied to your care. Include proof of missed work to show lost wages.
This personal documentation adds strength to your claim and gives your legal team a full picture of how the medical negligence impacted your life.
Legal help is crucial in medical malpractice cases. These claims are complex and require specific knowledge and skill.
Hire an experienced medical malpractice attorney who has handled similar cases before. These cases are not like regular personal injury claims. A good lawyer will understand how to handle healthcare providers, work with experts, and build a strong case. Choosing an experienced attorney early on helps you avoid mistakes and saves time during the legal process.
Most law firms, including Conboy Law Injury & Medical Malpractice Lawyers, offer a free consultation to review your situation. During this meeting, the attorney will listen, ask questions, and explain your legal options. If your case qualifies, they may offer to take it on a contingency basis, meaning you don’t pay unless you win. This step is also when you’ll learn if seeking legal representation is your best next move.
In most states, including Illinois, expert support is required to file a valid claim.
Before filing the lawsuit, you must get a sworn statement from a qualified expert witness stating that medical negligence likely occurred. This is often called a certificate of merit or affidavit of merit. It confirms that the claim is valid and not just based on an unfortunate outcome. Without it, the court may dismiss the case before the facts are even heard.
A medical expert, often another medical professional in the same field, will study your medical records, identify mistakes, and explain how the healthcare provider’s negligence led to harm. Their medical opinions are vital in helping your lawyer prove causation, which is a legal requirement in every medical malpractice claim.
After gathering proof and expert opinions, you’re ready to formally begin the legal case.
Your lawyer will file suit by preparing a legal complaint and submitting it to the court. This document outlines the facts of your case, the medical providers involved, the harm you suffered, and the compensation you’re requesting. Filing starts the official legal process and alerts the other side that legal action is underway.
The lawsuit must include every healthcare professional or facility that may have contributed to the malpractice. This could be doctors, nurses, hospitals, or even medical groups. Failing to name all parties involved may affect your ability to get full compensation. Your attorney will make sure the lawsuit includes everyone who should be held accountable.
Once the lawsuit is filed, the discovery phase begins. This is a critical stage in the case.
During discovery, both sides request and share key documents. This includes medical records, expert reports, and witness statements. Each side may also submit questions and ask for formal interviews, called depositions. The discovery process helps uncover facts that may not have been known earlier and is often where critical evidence is found.
Each legal team uses the information gathered to build its argument. Your lawyer prepares documents, works with experts, and gets ready for trial or negotiation. The defense will also prepare their side, which may include their own experts. It’s a challenging process, but with the right team, your case can stay strong.
Not every case goes to trial. Many are resolved through a settlement before that.
During or after discovery, both sides often start talking about a settlement agreement. Your lawyer will try to seek compensation that covers your damages, including medical bills, lost wages, and non economic damages like pain and emotional distress. If the financial compensation offered is fair, you may choose to settle and avoid court.
If both sides can’t agree, the court might require mediation. This is where a neutral third party helps both sides try to settle the case. Mediation gives you a chance to resolve the case without trial. It’s less formal than court but still an important part of the medical malpractice lawsuit process.
Some cases don’t settle. When that happens, the trial begins.
If mediation fails, your experienced trial attorneys will present your case to a judge or jury. This includes testimony from expert witnesses, witness statements, and all the documents gathered. Trials are formal and follow strict rules. Your lawyer will explain what to expect and handle everything for you.
After both sides present their arguments, the court will decide if the healthcare provider is liable. If they rule in your favor, you may receive compensation for your damages. This can include economic and non economic damages. A successful verdict means justice has been served and the injured person can finally move forward.
Winning your case is a big step, but collecting payment may take time.
You may be awarded money for medical bills, ongoing care, lost wages, pain, suffering, and other losses. The goal is to help you recover from the harm caused. These funds may come in a lump sum or structured payments depending on the case.
If the other party doesn’t pay, your attorney can take legal steps to enforce the judgment. This may include wage garnishment or liens. Legal representation helps ensure that the financial compensation awarded is actually collected. Your lawyer handles all follow-up required to make sure you get paid.
Time is limited to file a claim, and waiting too long can cost you your rights.
Every state sets a deadline for filing a medical malpractice claim. If you wait too long, your case may be dismissed no matter how strong it is. Talk to a lawyer as soon as possible to make sure your timeline is protected. Taking early action makes a big difference in successful claim outcomes.
In some cases, the timeline may be extended. This is called tolling. It can apply if the patient was a child or if the harm wasn’t discovered right away. Your lawyer will explain if any exceptions apply in your case. But don’t rely on tolling, start the legal action early.
If a healthcare provider’s negligence caused you harm, you may have a case. A lawyer can review your records and help confirm if the care fell below the standard expected from a medical professional.
Always hire an experienced medical malpractice attorney. These cases are complicated and need lawyers who understand the legal process, know how to find expert witnesses, and can build a strong case.
Not always. Many cases end in a settlement agreement, but your lawyer should be ready for trial if the other party refuses to settle fairly.
Most attorneys take medical malpractice cases on contingency. That means you pay nothing unless they win, making legal representation available to more people.
The timeline varies. The discovery process alone can take months. Complex cases may take a year or more, but your lawyer will keep you updated along the way.
If you believe you or a loved one suffered harm due to medical negligence, now is the time to act. Conboy Law Injury & Medical Malpractice Lawyers fights for injured patients and families. We understand how painful and stressful this challenging process can be, and we’re here to guide you every step of the way.
Our team includes experienced attorneys with deep knowledge of medical malpractice law. We review your case, explain your legal options, and help you decide whether to take legal action. Your first consultation is free, and you owe nothing unless we win your case.
Call today to schedule your free consultation and get the legal support you deserve.
Joseph M. Conboy, founder of Conboy Law, represents victims of catastrophic injuries and wrongful death, securing numerous multi-million-dollar results. Recognized as a Super Lawyers Rising Star (2019–2022), he is a member of the American Association for Justice and Illinois Trial Lawyers Association. Mr. Conboy earned his J.D. from DePaul University and a B.A. in Economics from the University of Colorado.
If you or a loved one has been injured, don’t hesitate to contact our injury attorneys today!
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