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How to Prove Medical Malpractice in Illinois: A Step-by-Step Guide

  • HM&M
  • 5 days ago
  • 3 min read



Medical malpractice can lead to life-altering injuries, emotional distress, and overwhelming financial burdens. When a trusted medical provider fails to meet the standard of care — and that failure causes harm — you have the right to seek compensation. But proving a malpractice claim in Illinois isn’t easy. It requires medical evidence, legal expertise, and powerful advocacy.


At Hurley McKenna & Mertz, P.C., we’ve helped victims of medical negligence recover millions in compensation. With more than 35 years of courtroom experience, our Chicago trial attorneys are recognized leaders in medical malpractice, personal injury, wrongful death, and sexual abuse litigation — locally and nationwide.


Here’s how to prove medical malpractice in Illinois, step by step.



What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider — such as a doctor, nurse, surgeon, pharmacist, or hospital — fails to provide treatment that meets the accepted standard of care. When that failure causes injury or death, the provider may be legally liable.



Common Examples of Medical Malpractice

  • Misdiagnosis or delayed diagnosis

  • Failure to follow up on test results

  • Surgical errors, such as leaving tools inside the body

  • Medication mistakes

  • Birth injuries

  • Inadequate post-operative care

  • Emergency room negligence



The Four Legal Elements of a Malpractice Case

To prove a medical malpractice claim in Illinois, your legal team must establish these four elements:

  1. Duty of Care

    1. You must prove that a doctor-patient relationship existed, creating a legal duty to provide reasonable care.

  2. Breach of Duty

    1. The provider failed to meet the expected standard of care — what a reasonably competent provider would have done in the same situation.

  3. Causation

    1. The provider’s actions (or failure to act) directly caused your injury. This is often the most complex element and requires expert testimony.

  4. Damages

    1. You must show that the injury caused measurable harm — such as medical expenses, pain and suffering, lost wages, or disability.



How to Prove Medical Malpractice in Illinois

1. Gather Your Medical Records

Begin by collecting all medical documentation, including:

  • Hospital and doctor notes

  • Lab and imaging results

  • Surgery reports and discharge summaries

  • Prescriptions and pharmacy records

  • Any communications about your care

This information helps establish what went wrong and how your care deviated from the standard.


2. Seek a Second Medical Opinion

Another medical provider can help confirm whether your treatment was appropriate. This opinion may reveal missed diagnoses, errors in judgment, or failure to follow protocols.


3. Consult a Chicago Medical Malpractice Attorney

An experienced attorney will help evaluate your case, coordinate expert witnesses, and ensure your claim meets all legal requirements. At Hurley McKenna & Mertz, we offer free consultations and are available by call or text at 312.553.4900.


4. File an Affidavit of Merit

Under Illinois law (735 ILCS 5/2-622), all malpractice lawsuits must include an affidavit of merit by a qualified medical expert. 


This document confirms that:

  • A licensed medical expert has reviewed the case

  • That expert believes the provider likely breached the standard of care


5. Demonstrate a Breach of the Standard of Care

With the help of expert witnesses, show how the provider’s care deviated from what a competent provider would have done under the same or similar circumstances.


Evidence might include:

  • Incorrect prescriptions or dosages

  • Ignored test results

  • Violation of hospital policies

  • Video evidence or surgical reports

  • Eyewitness testimony


6. Prove Causation

You must prove that your medical provider’s negligence was a cause of serious and permanent injury.


7. Document the Damages

To recover compensation, you must prove you suffered quantifiable harm. Examples include:

  • Past and future medical bills

  • Lost wages and reduced earning ability

  • Chronic pain or disability

  • Emotional suffering and mental anguish

  • Loss of quality of life



Illinois Statute of Limitations for Medical Malpractice


According to 735 ILCS 5/13-212, malpractice victims generally have:

  • 2 years from the date of injury discovery to file a lawsuit

  • No more than 4 years after the actual act of negligence occurred

  • Until age 22 for minors injured by medical negligence

  • Additional time for victims with legal disabilities


Don’t wait. Missing the deadline can permanently bar you from seeking justice.


Read more about the Statute of Limitations in Illinois for Medical Malpractice.



Do You Need a Lawyer to Prove Malpractice?

Yes. Proving medical malpractice requires technical medical knowledge, expert testimony, and strict adherence to legal procedures. Our team at Hurley McKenna & Mertz, P.C. has built a national reputation for handling high-stakes cases involving:


  • Diagnostic Errors

  • Medication Errors

  • Surgical Errors

  • Birth Injuries

  • Emergency Room Negligence

  • Wrongful Death


We’ve secured record-breaking verdicts for medical malpractice clients in Chicago and across Illinois.



Contact Our Chicago Medical Malpractice Lawyers Today

If you or a loved one has suffered due to medical negligence, let our experienced team fight for the justice and compensation you deserve. Call or text 312.553.4900 for a free consultation with Hurley McKenna & Mertz, P.C.


Serving clients across Chicago, Cook County, Illinois and across the United States.

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