How Long Do Diagnostic Malpractice Cases Take in Illinois?

HM&M
4 hours ago
2 min read

If you or a loved one has suffered harm due to a delayed or incorrect diagnosis, you may be considering filing a diagnostic malpractice claim in Illinois. One of the most common questions we hear from clients is: “How long will the process take?” While every case is different, understanding the typical timeline and influencing factors can help you prepare for what’s ahead.

Below is a breakdown of how long diagnostic malpractice cases generally take in Illinois and what steps are involved:

Phase 1: Case Evaluation and Investigation (1–3 Months)

Once you contact an attorney, the first step is a detailed case review. This includes:

Collecting your medical records
Reviewing the timeline of your symptoms and diagnoses
Consulting with medical experts to assess the standard of care

During this time, the attorney determines whether the case meets the legal threshold for malpractice and whether damages are substantial enough to justify litigation.

Phase 2: Filing the Lawsuit (1–2 Months)

If your attorney agrees to move forward, they will file a complaint in court. In Illinois, this must include an affidavit of merit, signed by a qualified medical expert, confirming that the diagnostic error likely constitutes malpractice.

Once the lawsuit is filed, the defendant(s) are formally served with the complaint.

Phase 3: Discovery Phase (6–18 Months)

Discovery is often the longest part of the case. During this stage:

Both sides exchange documents and evidence
Depositions are taken from doctors, nurses, and expert witnesses
Medical experts review the case in more detail

This phase helps both parties understand the strengths and weaknesses of the case and can significantly influence whether the case settles or proceeds to trial.

Phase 4: Mediation or Settlement Negotiations (2–6 Months)

Many diagnostic malpractice cases are resolved through settlement negotiations rather than a jury trial. If both sides agree, mediation with a neutral third party may be scheduled to try to reach a resolution.

If a fair settlement is reached, the case can be resolved without trial. If not, the case continues to trial.

Phase 5: Trial (3–10 Days in Court, Often 2–4 Years After Filing)

If your case goes to trial, expect several days of court proceedings. However, getting to trial can take 2 to 4 years from the date the case is filed, depending on:

The complexity of the case
The court’s calendar and scheduling availability
Delays due to expert availability or motions

Factors That Can Lengthen the Timeline

Several factors may extend the timeline of your case:

Multiple defendants (e.g., multiple providers or institutions involved)
Difficulty obtaining medical records
Disputes over expert testimony
Appeals filed after trial

Is It Worth Waiting?

While these cases can take years to resolve, successful diagnostic malpractice claims often result in significant compensation for medical expenses, lost wages, long-term care, and pain and suffering. With the right legal team, you can maximize your chance of success while staying informed throughout the process.

Work With a Diagnostic Malpractice Attorney in Illinois

At Hurley McKenna & Mertz, P.C., we help victims of delayed or missed diagnoses understand their legal rights and recover the compensation they deserve. From day one, we’ll keep your case on track and fight to get the best possible outcome.

Helping patients in Chicago, Cook County, and throughout Illinois.