How Long Does it Take to File a Malpractice Suit in Illinois?

Thursday, June 22, 2023

How Long Does it Take to File a Malpractice Suit in Illinois?

Written by Malman Law, reviewed by Steve J. Malman.

Medical malpractice cases are complex. Many factors can shorten or extend the timeline of how long a claim takes, including the extent of your injuries and damages. Higher-value cases tend to take longer, but again, this is not always the case. Also, in most jurisdictions, you have a certain time period to file a lawsuit against a healthcare provider or facility.

One way you can receive a settlement sooner is by starting the legal process as soon as possible. A Chicago medical malpractice lawyer can assess your situation and advise you on what to expect.

Considerations that can alter your deadlines

Some situations that can impact your malpractice claim are:

  • If the person died
  • If the patient continued to treat for the condition
  • Whether the person has recovered from the medical negligence
  • If the condition requires ongoing treatment
  • If the condition is permanent

Additionally, age, quality of living before and after the accident, lost income, and ability to function normally are other factors to consider. Many other individual factors can impact your claim. Discuss these and other concerns with your Chicago medical malpractice lawyer.

Expert witnesses must review medical records

Medical professionals take an oath not to harm their patients. The commitment they take holds them to a higher standard of care. One factor pertaining to this oath is that another professional would have used similar methods in a similar situation. Since other professionals in the same field would or would not do something similar, it is imperative that medical records are reviewed.

You must have an expert medical witness review your records. Our Chicago medical malpractice lawyer can facilitate this process for you. Some of the details the expert medical witness is looking for include the following:

  • If the standard of care was breached
  • Who breached the standard of care
  • How many individuals were involved in the breach

They might also look at how the injury occurred and what your future treatment might involve. Their role in your accident claim will depend on the injuries you sustain and who is involved. Our Chicago medical malpractice lawyer will help you better understand the process of reviewing your medical documents.

Medical malpractice lawsuit timelines

If your medical malpractice claim requires litigation, the timeline is substantially longer. The initial process is arduous, involving reviews of various documents, imaging, and much more. Collecting all relevant medical records can take months. Sometimes providers will intentionally delay providing records to prolong the process. A medical malpractice lawyer in Chicago will help you through the process and work to gather these documents as fast as possible.

Timeline for medical malpractice settlements

The goal is to resolve a claim as fairly and quickly as possible. Sometimes an offer comes in early in the process. Our Chicago medical malpractice lawyer will advise you on how reasonable the settlement is or if you should continue negotiating. Settling can take months or years, depending on various factors.

Consult with a Chicago medical malpractice lawyer

Medical malpractice cases are complex. Some can settle within the first year, while others can take five years or longer. Sometimes, it can seem like the case will take longer when a settlement is reached out of court sooner than expected. Aside from the complexities of these cases, there is also the injury severity and damages suffered to consider.

Speak to a Chicago medical malpractice lawyer from Malman Law by contacting us online or calling (888) 746-5015 today.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.

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