We rely on the wealth of medical knowledge and experience of highly educated and well-trained doctors for critical healthcare during illness or after injury. Unfortunately, sometimes doctors make errors or provide substandard treatment.
When a doctor causes harm through their negligence, the injured patient has the right to seek legal redress. Some cases rise to an actionable level of medical malpractice, but the first step is to file a complaint against the doctor. Contact our medical malpractice lawyer in Chicago for assistance.
How Do I File a Complaint Against a Doctor In Illinois?
When a doctor harms a patient through a misdiagnosis, medication mistake, or provides negligent care, it’s crucial to report the substandard treatment to prevent the doctor from causing further harm to others. The following steps help ensure the proper authorities review the case and evaluate the doctor’s actions:
- First, report the substandard treatment or negligence to the Illinois Department of Financial and Professional Regulation (IDFPR) through the online portal, or
- Call the Central Complaint Registry Hotline at 1-800-252-4343 (available Monday-Friday 8:30 a.m. to 4:30 PM), or
- Mail a Healthcare Facilities Complaint Form to the address listed on the form
You will be asked to provide key details, such as the name and address of the medical provider and their facility, and the date, time, and type of malpractice you’ve experienced.
Then, before you can file a medical malpractice lawsuit, you must obtain a Certificate of Merit.
What Is a Certificate of Merit for a Medical Malpractice Claim in Illinois?
Unlike in some states, Illinois claimants cannot file a lawsuit directly against a medical provider without first obtaining a certificate of merit under Illinois law (735 ILCS 5/2-622). A certificate of merit requires a medical professional’s initial evaluation of the case to determine its validity. The medical professional must be experienced in the same medical specialty as the doctor who committed the medical malpractice.
Typically, the best place to begin a medical malpractice complaint is to hire an experienced Illinois medical malpractice lawyer. Your attorney will obtain the affidavit from a qualified medical professional who will determine if your case has merit. The evaluating medical professional’s written report must be attached to the complaint against the doctor before the case can proceed in a medical malpractice lawsuit seeking compensation for damages.
What Is the Statute of Limitations on Medical Malpractice Claims In Illinois?
Like all states, Illinois limits the amount of time a medical malpractice victim has to file a complaint. In Illinois, a claimant must file a lawsuit within two years of the date the malpractice occurred. The state may extend this time limit only in cases of delayed discovery under the Discovery Rule.
For instance, if the medical malpractice victim doesn’t realize that their symptoms or worsened medical condition was caused by medical malpractice until another physician diagnoses the problem six months later, the two-year statute of limitations begins on the date of the discovery, or when they should reasonably have discovered it.
This time limit helps ensure that evidence remains available in the case should it require a trial.
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