How Long Will My Illinois Medical Malpractice Lawsuit Take?

If you or a loved one are currently involved or think you may end up involved in a medical malpractice lawsuit in Illinois, one of your questions is very likely something like this – “How long will this take to resolve?”

After all, if a lawsuit has been filed, victims and their legal team likely think the odds of securing compensation are good. However, the prospect of a future payout sometime in the future doesn’t provide victims with the concrete information they need to make plans.

Here, we want to review some basic information about the medical malpractice lawsuit process. Still, please understand that no two medical malpractice claims in Illinois are exactly alike, and the time it takes for one claim can certainly be different than the time it takes for another claim, even if the claims seem similar.

The Medical Malpractice Lawsuit Timeline: What to Expect

While each medical malpractice case is unique, a general timeline can help provide a basic idea of what to expect. From filing the lawsuit to reaching a resolution, here are the key stages in the process:

1. Consulting with an attorney and initial investigation. The first step is to consult with an attorney. Specifically, one who has handled medical malpractice claims in Illinois. During this initial phase, your attorney will review the details of your case and determine whether there are grounds for a lawsuit.
2. Filing the lawsuit. If the attorney believes there is a case, they will file a formal lawsuit in the appropriate Illinois court. In Illinois, medical malpractice lawsuits must generally be filed within two years of discovering the injury, but no later than four years from the date the alleged malpractice occurred.
3. Discovery phase. After filing, the lawsuit enters the discovery phase, during which both sides gather evidence. This stage involves depositions, document requests, interrogatories, and expert testimonies. The discovery phase can be lengthy and may take anywhere from several months to over a year, depending on the complexity of the case and the amount of evidence involved.
4. Pre-trial motions and negotiations. Once discovery is complete, both sides may file pre-trial motions. These motions can request the court to rule on certain issues, dismiss parts of the case, or limit the evidence that can be presented at trial. During this phase, settlement negotiations may also take place. If both parties agree to a fair settlement, the case can be resolved without going to trial.
5. Trial. If a settlement is not reached, the case will proceed to trial. The length of a trial can vary significantly, depending on the case’s complexity and the court’s schedule. Some trials may last a few days, while others can go on for weeks. In Illinois, it is not uncommon for a medical malpractice trial to take a year or longer from the date of filing.
6. Post-trial motions and appeals. After the verdict gets rendered, either party may file post-trial motions or appeal the decision. This can add additional time to the overall process.

Factors That Influence the Length of a Medical Malpractice Case

While the timeline provided above is typical, your case’s specific details may shorten or lengthen the process. Some factors that commonly affect the timeline of a medical malpractice lawsuit include the:

• Complexity of the case. Medical malpractice cases regularly involve complex medical and legal issues. Cases that require extensive evidence, multiple expert witnesses, or complicated medical records may take longer to prepare and present.
• Number of parties involved. Cases with multiple defendants, such as those involving multiple doctors, hospitals, or healthcare facilities, may require additional coordination and time.
• Willingness to settle. Some medical malpractice cases are resolved through settlement negotiations, which can save time compared to going to trial. However, if the parties cannot agree on a fair settlement, the case may proceed to trial, extending the timeline.
• Court scheduling and backlog. The Illinois court system can experience scheduling delays due to high caseloads. If there is a backlog in your local court, this may prolong the time it takes to reach trial.
• Expert testimony. Medical malpractice cases typically require expert testimony to discuss the standard of care and demonstrate how it was breached. Finding qualified experts and scheduling depositions or testimony can sometimes create delays.

How an Attorney Can Help Expedite the Process

While certain aspects of a medical malpractice case are outside of anyone’s control, working with an experienced personal injury attorney can help streamline the process and avoid unnecessary delays. Here’s how an attorney can assist in keeping the case on track:

• Gathering evidence promptly. Your attorney can start collecting medical records and consulting with experts immediately, ensuring that critical evidence is ready when needed.
• Handling communication with insurers and defendants. An attorney can handle negotiations, ensuring that the opposing party remains responsive and does not engage in delay tactics.
• Preparing for trial efficiently. If a trial is necessary, your attorney will organize evidence and prepare witnesses, reducing the risk of last-minute delays.