Essential Legal Terms in Medical Malpractice Cases in Chicago, IL
Last Updated on November 4, 2026 by Patrick A. Salvi II
When you pursue legal action against a medical provider for injuries or adverse consequences from treatment that fell below the standard of care, you may hear various terms from lawyers and other professionals. Understanding the essential legal terms used in medical malpractice claims will help you keep up with your case’s progress. Contact Salvi, Schostok & Pritchard P.C. for a free consultation with a Chicago medical malpractice lawyer to learn more about important medical malpractice legal terms and to prepare yourself for pursuing a legal claim to recover compensation for injuries or complications you’ve suffered due to negligent medical care.
Illinois Medical Malpractice Claims 101
A medical malpractice claim allows a patient to recover compensation for personal injury or health complications caused by a healthcare provider’s negligent treatment. A medical professional may provide negligent treatment when their decisions or actions fail to meet the applicable standard of care. Although the details of the standard of care vary from case to case, healthcare professionals generally describe it as the decisions or actions that other healthcare providers with similar training and experience would make under similar circumstances.
Under 735 ILCS 5/13-212, Illinois’ statute of limitations for medical malpractice claims, a patient typically has two years from the date they suffered harm from negligent care to file a lawsuit. However, the statute of limitations does not begin to run until the patient discovers or should have discovered the injury, but they must file suit no later than four years after the date of the treatment or procedure.
What Is the Discovery Process in a Medical Malpractice Case?
The medical malpractice discovery process requires parties to exchange information, documents, witness testimony, and other evidence. Discovery can help provide information about the medical malpractice evidence that the parties plan to present in the lawsuit and narrow the issues in dispute for trial. Parties have various tools in discovery, including:
- Interrogatories: Questions that parties can use to obtain information from the opposing side
- Requests for production of documents: Allow parties to obtain records in the other side’s custody or control
- Requests for admissions: Require parties to admit or deny the truth of specific statements
- Depositions: Allow parties to question witnesses under oath to understand the testimony they might provide at trial
What Is a Deposition in a Medical Malpractice Case?
Depositions in medical malpractice cases allow parties to question the other party or fact or expert witnesses under oath to understand the testimony they might provide if called to testify at trial. Depositions take place in an office rather than a courtroom, with only the witness, the parties and their legal counsel, and a court reporter present. During the deposition, the parties may question the witness similar to how they would at trial. If parties object to specific questions, they can place those objections on the record for the court to resolve later. Depositions create a written record of a witness’s testimony, which can serve as critical evidence if a witness gives different testimony at trial.
Expert Witnesses and the Standard of Care
Most medical practice cases require a plaintiff to present medical experts to prove their claim. A patient filing a medical malpractice lawsuit usually needs an expert witness who practices or teaches in the same or a substantially related field of medical practice as the defendant. Based on the expert’s professional experience and training, the expert will describe the specifics of the applicable standard of care in the plaintiff’s case. The expert will also provide a professional opinion as to how the defendant’s actions or decisions fell below the standard of care and how the defendant’s breach of the standard of care harmed the patient.
Settlements, Mediation, and Trial
Many medical malpractice claims end through a settlement reached after negotiations or mediation. Parties can develop a settlement agreement through direct negotiations. However, parties may choose to negotiate through mediation, in which they work with a neutral mediator to understand each other’s positions and explore potential settlement solutions.
If settlement negotiations or mediation fail to produce a settlement agreement, the case will proceed to a medical malpractice trial. At trial, the parties present their cases to a jury (or a judge if the parties choose to proceed with a bench trial). If there is a jury, the trial process begins with jury selection, in which the parties select members of the public called for jury duty.
After seating a jury, the parties will make opening statements to outline their respective theories of the case and the evidence they intend to present at trial. The plaintiff presents their case first, calling witnesses and submitting documents or objects into evidence. The defense can cross-examine the plaintiff’s witnesses. After the plaintiff rests their case, the defendant can then present their case, with the plaintiff entitled to cross-examine defense witnesses.
Contact a Chicago Medical Malpractice Lawyer
If you’ve suffered the devastating consequences from medical negligence in Chicago, get the legal support you need to pursue accountability from your negligent healthcare providers. Contact Salvi, Schostok & Pritchard P.C. today for a free case evaluation with a Chicago medical malpractice attorney to learn more about what to expect when you file a claim. Our law firm has a proven track record in medical malpractice cases, with our notable results including a $75.8 million verdict in a birth injury case, a $52.1 million birth injury verdict, and a record-setting $32.7 million medical malpractice verdict. Although our past results provide no guarantee of a specific outcome for your claim, our record highlights our determination to fight for the best possible results for our clients and to earn their respect and trust. As one past client wrote about working with our firm:
“The SSP team has been so helpful for my case. They made me feel like a priority and were very communicative about every step of the case. They made sure to ask for as much evidence/photos as possible to understand my case in every aspect, making sure I was treated with care and kindness in such a difficult time and healing. They paid attention to every detail and made sure to see every step of my healing process and the after effects too. The trust in this firm is very strong and gave me some relief to know I was in good hands with how professional and transparent they are on every single step taken in this case.”
– T’Lia M.
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