Why Do I Need a Lawyer for a Medical Malpractice Case in Illinois?

 Posted on July 14, 2025 in Medical Malpractice

When medical care goes wrong, the consequences can be life-altering. From surgical mistakes to misdiagnoses, medical errors can lead to serious injuries, long-term health problems, or even death. If you believe you have a claim, you should speak with a Chicago, IL medical malpractice attorney. These cases are more complicated than other personal injury claims. Trying to handle one alone could leave you without the compensation that you need and deserve.

Proving Liability in a Medical Malpractice Case

Medical malpractice cases are different from many other injury claims. It is not enough to simply show that you were hurt while receiving medical treatment. Instead, you have to prove that a doctor, nurse, hospital, or other healthcare provider failed to follow the standard of care expected of them. Then, you must show that their failure caused your injury. "Standard of care" can be somewhat subjective. It depends on what a reasonably careful medical professional would have done under similar circumstances.

Illinois law makes this even more challenging. Before you can file a medical malpractice lawsuit, you are required to submit an affidavit confirming that a qualified medical professional has reviewed your case and believes there is a valid reason for the lawsuit. This rule is part of 735 ILCS 5/2-622, which is designed to reduce frivolous claims but also adds a significant hurdle for medical malpractice victims.

Insurance companies and healthcare providers aggressively defend these cases. They often bring their own expert witnesses who testify that no mistakes were made or that any bad outcome was simply a known risk of the procedure or illness. That is why it is so important to have a lawyer who understands how to gather strong evidence and challenge these arguments effectively.

Complex Medical Evidence for a Medical Malpractice Case

Another reason these cases are so complicated is the medical evidence involved. Proving malpractice usually requires reviewing detailed medical records, test results, doctors’ notes, and expert opinions. These records often include complex medical terminology and technical details that the average person does not easily understand.

A medical malpractice attorney works with trusted medical experts who can review your records and explain how a healthcare provider’s actions fell below the accepted standard of care. Without this expert insight, it is nearly impossible to show the direct link between the mistake and your injury.

Adding to the difficulty, Illinois sets strict time limits on when you can file a malpractice claim. According to 735 ILCS 5/13-212, you must file your lawsuit within two years of discovering your injury, but no more than four years from when the medical treatment occurred. The statute of limitations ensures claims are brought while evidence and memories are still fresh.

The Role of a Medical Malpractice Attorney

A medical malpractice attorney guides you through complex legal and medical issues. They investigate your case, gather evidence, consult medical experts, and determine the value of your claim. They also handle negotiations with insurance companies, which often try to pay less than your claim is worth. If a fair settlement is not possible, your lawyer is prepared to take your case to court and fight for the compensation you deserve.

Schedule a Free Consultation With an Experienced Chicago, IL Medical Malpractice Attorney

If you believe a medical mistake has caused you harm, do not try to handle your claim alone. Medical malpractice cases are legally and medically complicated, and insurance companies work hard to protect their bottom line. To protect your rights, call 312-236-6324 and schedule a free consultation with a Chicago, IL medical malpractice lawyer at Winters Salzetta O'Brien & Richardson, LLC today.