If you have been the victim of medical malpractice in Illinois, you know how devastating it can be. Not only do you suffer physically, but you may also experience psychological trauma as well. You may be wondering about your next steps.
Understand what qualifies as medical malpractice
Medical malpractice is usually defined as negligence by a healthcare provider that leads to injury or death. It can include errors in diagnosis, treatment, aftercare or health management. For instance, if a doctor prescribes the wrong medication or doesn’t order the necessary tests, this could be considered medical malpractice. Also, if a nurse doesn’t properly monitor a patient’s vital signs, this could be considered medical malpractice.
Your evidence will be key in proving that medical malpractice occurred. It will help to have as much documentation as possible, including medical records, bills and witnesses. You will also want to get a copy of the police report if there was one filed. This evidence will be essential in proving your case.
Report the issue to the Illinois Department of Public Health
The Illinois Department of Public Health is responsible for investigating complaints of medical malpractice. The IDPH will review your complaint and decide if an investigation is warranted. If they find that there is enough evidence to support your claim, they will take action against the healthcare provider.
File a medical malpractice lawsuit
The first step entails filing a summons and complaint with the court. The summons tells the healthcare provider that they are being sued and gives them a certain amount of time to respond. The complaint is where you state your claims against the healthcare provider. Once you file the lawsuit, there will be a period of discovery, where both sides gather evidence. This is typically followed by mediation, where both sides try to reach an agreement outside of court. If mediation is unsuccessful, the case may go to trial.
Medical malpractice can be a complex and confusing process. But if you have been the victim of medical malpractice, it is important to know your rights and options, and with the right evidence, you can get the justice you deserve.