Medical malpractice claims can be complicated because there is a lot of technical information that must be uncovered and reviewed. You need to understand what your doctor or other healthcare provider did wrong and be able to prove it.
Gill Ports Hoste LLC can help you build a claim and move your case forward. Call us to speak with a Chicago medical malpractice lawyer as soon as possible or read on to learn more about the timeline for malpractice claims to better understand what to expect.
How long does a medical malpractice lawsuit take in Chicago?
The timeline for a medical malpractice lawsuit varies depending on many factors, including the complexity of your case and whether the claim settles or is resolved in court. Here are the general steps you can expect to take, along with some details about the rough timeline for each step.
- Initial investigation: This process typically takes around three to 12 months and involves a review of your medical records and consultation with experts to determine if you have a claim.
- Filing a lawsuit: This process can take around four to six weeks. It involves completing court paperwork and making sure the defendant is served with notice of the claim. You must also provide an Affidavit of Merit for your case to proceed, under 735 ILCS 5/2-622. Essentially, this is an affidavit from a qualified health professional stating that there are likely reasonable grounds for your claim.
- Discovery phase/settlement talks: This process usually takes around 12 to 18 months. The discovery phase allows both the plaintiff and defendant to build their cases. During this time, you may also try to negotiate a settlement with the defendant if their malpractice insurer acknowledges responsibility and is willing to offer compensation outside of court.
- Trial: This process usually takes anywhere from a few weeks to a few months depending on the court calendar, how long it takes for your case to be scheduled, and the complexity of the arguments made by each side.
If your case goes to appeal, then the process can take even longer. Either side can appeal a verdict, but you’ll need to have grounds for appeal or a legal argument to make sure that something went wrong during the court proceedings.
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What is the statute of limitations for medical malpractice claims in Chicago?
In Chicago, you have two years from the time of the medical malpractice to pursue your case. If you do not know about the issue right away, the discovery rule applies, and you have two years from the time you discovered the medical negligence, or reasonably should have discovered it.
However, the statute of repose sets a hard four-year time limit from the time of the medical error, even if you do not discover the problem until later. Under the statute of repose, you have only four years from the incident to pursue your claim.
There are exceptions for minors who have until eight years after the incident or until their 22nd birthday to pursue a claim. And when a patient is suffering from a legal disability, such as if they have been left in a coma, then the time clock is paused until the disability is removed.
Contact a Chicago medical malpractice lawyer today
A Chicago medical malpractice lawyer at Gill Ports Hoste LLC will help you to ensure you follow these deadlines and get your case in on time. Give us a call or contact us online today to schedule your free consultation and find out more.