How can I make a claim for medical malpractice?

You need to gather evidence proving your care provider was unreasonably negligent and file a civil lawsuit within a specified time period – or else your claim will be barred.

Claims for medical malpractice typically must be filed within two years of the incident of medical negligence. Exceptions exist if the doctor’s mistake was not discovered immediately. In all cases, malpractice claims must be brought within four years of the incident.

A claim must be filed with the appropriate court. It must state a legal cause of action. In Illinois, you must also have an affidavit indicating your records and health status have been reviewed by a medical professional who has reason to believe the treatment you received could result in a successful medical malpractice claim. Illinois Law section 2-622 explains this requirement in detail.