Medical malpractice can occur when the negligence of a health care professional causes you an injury, monetary loss or in extreme cases, death of a loved one. Seeking legal representation is important if you believe that you are a victim of medical malpractice in Illinois. Here we describe the law that governs these cases in the state to give you a better understanding:
The Medical Malpractice Law
The Law No. 735 ILCS 5/2-622 describes how a medical malpractice negligence case can be validly pursued in a court of law in Illinois. It specifies the following important conditions:
The plaintiff needs to ensure that they have already reviewed the details of their case with a certified health professional, who has been providing care services in the relevant field for a period of at least 6 years. An affidavit from the medical practitioner must be attached with a written report that describes a finding based on the available medical reports and diagnosis information.
The case may proceed if the plaintiff can prove that obtaining a medical affidavit would take time and will mean that the statute of limitations for medical malpractice will be over if gone that route.
The affidavit can then be filed within 90 days of filing the complaint in the court.
The plaintiff may also present evidence that it has request access to medical records and currently waiting to receive them from the liable or the involved parties. The plaintiff is still responsible for producing the affidavit within 90 days of receiving the medical information that they mentioned they were seeking.
The plaintiff must mention if he is proceeding with the case on the principle of res ipsa loquitur, which describes an accident that automatically implies negligent behavior. Similarly, any principle implied by the plaintiff or their legal representative must be clearly mentioned within the application to help the court clearly proceed with the legal process.
This brief look at the Illinois State Law can easily show you that you should seek advice from an experienced medical malpractice lawyer to ensure that you have prepared a strong argument and are more than likely to win in the court. Hiring a skilled attorney will also allow you to easily send notices to the defendants, who may ultimately decide to settle the case with you, without proceeding it further in the court of law.
Your experienced medical malpractice attorney will carefully obtain the required details from you, such as medical certificates, diagnoses and previous reports. They already are aware of obtaining medical opinions and know professional experts from the relevant fields. They will seek information on your behalf and continue to move ahead with the next steps. They can show you the progress on the case and always ensure that everything is carried out with the statute of limitations in the state and under the timelines mentioned by the court.
The best advantages appear when you carefully select a knowledgeable medical practice lawyer. Consult with an experienced medical malpractice attorney today by calling at 815-209-9030 to schedule an appointment.