What is the Process of Filing a Medical Malpractice Claim?

When we visit a physician, we expect to receive treatment, get answers, and possibly even get a prescription or two. We do not expect mistakes that may make matters worse. However, mistakes can and do happen in medicine, and, at times, the missed steps can change a person’s life in ways no one expects.

In Chicago, known for its iconic skyline, vibrant neighborhoods, and top-ranked hospitals, the city serves millions of patients every year. Despite its advanced healthcare system and highly trained medical professionals, errors can still happen, leading to serious consequences for patients.

With proper guidance, patients in Chicago can navigate the process effectively and seek justice while focusing on recovery. If you want to know how to get started, a Chicago medical malpractice attorney can help you through the process. In this article, we will unpack the process of filing a claim.

Step 1: Recognize the Signs of Malpractice

Not every bad outcome counts as malpractice. You need to show that a doctor, nurse, or hospital acted below the accepted standard of care.

Common examples include:

• Misdiagnosis or delayed diagnosis
• Surgical mistakes
• Medication errors
• Birth injuries
• Failure to obtain informed consent

Step 2: Gather Medical Records

Your medical records are the foundation of your claim. They show what treatment you received, when, and by whom. You have the legal right to request copies from hospitals or clinics. Keep everything organized: test results, prescriptions, and hospital notes. These documents help experts later evaluate whether malpractice occurred.

Step 3: Consult a Lawyer

Medical malpractice cases are complex and vary by state. Statutes of limitations, filing rules, and compensation caps can differ. An attorney focusing on malpractice can tell you if your case is viable. Many lawyers work on contingency, meaning they don’t get paid unless you win. That reduces the financial risk for you.

Step 4: Obtain Expert Review

Most states require a medical expert to review your case before it can move forward. This expert—often another physician in the same field—examines your records and confirms whether the standard of care was breached. Without this testimony, the case will usually be dismissed early.

Step 5: File the Claim

The filing stage will actually just involve filing the complaint in civil court. This document will explain:

• Who you are suing (doctor, hospital, or both)
• What they did wrong
• How they caused harm
• What damages are you seeking

After this, the legal process begins. It will go through discovery, where both sides request evidence and take depositions. Many cases settle before trial, but some will, in fact, go to a jury trial.

Types of Damages You Can Claim

If you are successful in your claim, you may be able to recover damages for:

• Medical bills (past and future)
• Lost wages and loss of future earning capacity
• Pain and suffering
• Loss of companionship (in wrongful death cases)

The amounts vary. Some states restrict the amount of non-economic damages you can collect, while others do not.

Key Takeaways:

• Medical malpractice claims start with recognizing negligence.
• Medical records form the backbone of evidence.
• A malpractice lawyer evaluates your case and handles the filing.
• Expert testimony is usually required to proceed.
• Claims can result in compensation for medical costs, lost income, and suffering.