Frequently Asked Questions
 

As you consider taking action in your malpractice case, you should keep in mind the statute of limitations that applies to your case. The statute of limitations is the time period you have to file a lawsuit in court.

Under Illinois law, you have two years from the date you knew or reasonably should have known that a negligent act or omission occurred in your case. However, in no case can you bring a claim more than four years after that date.

A special rule applies when a minor, or a patient under age 18, is the victim of medical negligence. The minor is allowed eight years from the date of the act or omission to bring a claim, or until he or she turns age 22.

If a claim involves the wrongful death of a loved one, the statute of limitations is two years from the date of the death.

As you can see from the above, much goes into investigating and preparing a claim in Illinois. So, you should contact a skilled medical malpractice lawyer as soon as possible in order to ensure your claim is timely filed.

Pursuing a medical malpractice case in Illinois can be a complex and time-consuming process. The initial steps in the case will include:

· Getting copies of your medical records

· Asking medical professionals to review your records

· Interviewing witnesses.

Once the initial investigation is complete, your lawyer will file a lawsuit, or complaint. The complaint typically is filed in the Circuit Court in the Illinois county where the medical malpractice occurred. However, a complaint could also be filed in a federal court.

In Illinois, a complaint must include an affidavit, or sworn statement, from your lawyer. The affidavit must state:

· Your lawyer consulted with a medical expert

· The expert was qualified to review your case by virtue of experience and demonstrated competence

· The expert has determined in a written report that there is a “reasonable and meritorious cause” for filing a lawsuit in your case.

How long it takes to resolve your case after the filing of a complaint will depend on the other side’s cooperation with answering questions and providing documents relevant to your case.

This is a formal evidence-gathering process called “discovery.” In some situations, a court order may need to be obtained to force the other side to comply with a discovery request.

The time it takes to resolve the claims process also will depend on whether the medical professional involved in your case is willing to admit fault and agree to a full and fair settlement of your claim.

In many cases, a claim can be resolved without the need to go to trial. However, if a malpractice settlement cannot be reached, you can be assured that JusticeRx, LLC, will be well-prepared to take your case to trial.

A trial may focus on both establishing the medical professional’s legal responsibility, or “liability,” and the amount of damages you should recover. In some situations, fault may be admitted, and a trial may focus only on damages.

Settlement talks may continue through trial or even after a verdict is returned.

Once a settlement or verdict is reached in your case, your lawyer will work efficiently to resolve any claims that may be attached to your recovery, account for your legal fees and case costs and disburse the funds you are due.

When you pursue a medical malpractice claim in Illinois, you can seek to recover all damages caused by the medical negligence, including compensation for:

· Past and future medical expenses

· Lost past and future income

· Scarring and disfigurement

· Mental anguish

· Loss of quality of life

· Pain and suffering.

If you believe that you or a loved one has suffered harm due to medical negligence as described above or in any other situation, you should contact an experienced medical malpractice attorney today. The longer you wait the harder it can be to prove negligence.

A lawyer can deal with the hospital and insurance companies on your behalf. A lawyer can also launch an immediate investigation of your case and take steps to preserve important evidence.

When you meet with a lawyer, you should expect the lawyer to ask questions such as:

· What medical condition led you or your loved one to seek treatment?

· When did you receive treatment for the condition?

· Where did you receive treatment?

· Who provided the treatment to you?

· What specific treatment did the medical professional provide?

· How has the treatment hurt you physically, emotionally and financially?

· It will help if you can compile medical records, invoices and insurance statements.

However, if you cannot track down those documents, it should not stop you from getting legal help.

The Chicago based law firm JusticeRx, LLC can begin an immediate investigation of your medical malpractice case in Chicago or elsewhere in Illinois. Dr. McCool can quickly assess your case, and help determine why you or a loved one suffered harm.

Strict time limits apply to filing claims in Illinois. This makes it important to take immediate action if you believe that you or a loved one was harmed by the negligence of a medical professional.

When you are ready to act, contact JusticeRx, LLC. We are ready to use our skills, experience and resources to help you seek the justice you deserve. Schedule a free, confidential consultation today by contacting us today by phone or online.