Medical malpractice cases can be among the most challenging legal matters to navigate, and Illinois is no exception. Families who believe they have been victims of medical negligence often face a maze of legal, medical, and procedural hurdles. Understanding why these cases are so complex can help patients and their families make informed decisions when pursuing justice.

1. A High Standard of Proof

One reason medical malpractice cases are complicated in Illinois is the high standard of proof required. To win a case, the plaintiff must demonstrate that a healthcare provider's negligence directly caused injury or harm. This often requires expert testimony from medical professionals who can explain how the standard of care was breached. For example, if a patient suffers complications after surgery, the plaintiff would need a qualified doctor to testify that the surgeon did not meet accepted standards of care and that this failure caused the injury. 

2. Short, Strict Statutes of Limitations

Strict statutes of limitations add to the complexity. The Illinois medical malpractice statute incorporates a discovery rule that requires plaintiffs to demonstrate knowledge of both injury and wrongful causation before the two-year limitation period begins running. Under 735 ILCS 5/13-212(a), the two-year limitation period begins when the claimant "knew, or through the use of reasonable diligence should have known,” which Illinois courts have interpreted to mean that "the limitations period starts to run when a person knows or reasonably should know of his injury and also knows or reasonably should know that it was wrongfully caused." Hill v. Pedapati, 326 Ill.App.3d 58 (2001).  The statute also provides an alternative trigger through written notice, allowing the limitation period to begin when a claimant receives written notice of the injury or death, whichever occurs first.

Missing the statutory deadline precludes the case from being heard.  This tight deadline adds another layer of pressure, especially when one considers that the plaintiff will have to be fully prepared and have a medical expert ready to certify the legitimacy of the claim at the beginning of the litigation.

3. Rare and Expensive Expert Witnesses

The involvement of expert witnesses is central to the process. In Illinois, courts require plaintiffs to provide an affidavit from a medical expert to certify medical malpractice cases. For instance, someone alleging a hospital's failure to diagnose cancer would likely need an oncologist to provide a sworn statement about how the care departed from accepted standards.

Illinois law, specifically 735 ILCS § 5/2-622, requires that in any medical malpractice action seeking damages for injuries or death, the plaintiff must file an affidavit from a qualified health professional with the lawsuit.  The affidavit must declare that the plaintiff has consulted with a health professional who is knowledgeable in the relevant issues, practices or has practiced within the last six years in the same area of healthcare at issue and is qualified by experience or demonstrated competence in the subject matter.  This health professional must provide a written report determining that there is reasonable and meritorious cause for filing the action.  While courts interpret the statute liberally in favor of plaintiffs who demonstrate some compliance, failure to file the required medical professional affidavit results in dismissal under section 2-619 of the Illinois Code of Civil Procedure.

The dependency on technical expert input distinguishes malpractice cases from other types of personal injury lawsuits.  Deepening the problem is the fact that the required expert is another physician.  Professionals are reluctant to speak out against their colleagues, so these experts are not easy to find.  Their rarity, coupled with their pedigree, also makes them very expensive to retain.

4. The Legal and Medical Jargon

In addition, the intersection of complex medical terminology and procedural rules compounds the difficulty. Plaintiffs must grasp not only their underlying medical condition but also litigation practices such as depositions and discovery. For example, a patient pursuing a malpractice claim after a prescription error would need to navigate both pharmacy records and legal procedures for obtaining evidence.

5. Trust Factor for Physicians and Nurses

Furthermore, in making a medical malpractice claim one is suing doctors and/or nurses, who, according to decades of Gallup Polling, are the professionals most trusted by the public.  That means before a plaintiff ever walks into the courtroom, his opponents, the defendant medical personnel, are probably starting out more than just a little bit ahead in terms of credibility with the jury.  The credibility bias in favor of doctors and nurses is unique to medical malpractice lawsuits, very hard to overcome, and as many plaintiffs painfully learn, bleeds into every aspect of the litigation through jury deliberations.

Conclusion

In summary, Illinois medical malpractice cases are complicated due to:

• high proof standards necessitating expert testimony;
• strict and sometimes unforgiving filing deadlines; 
• mandatory and challenging expert witness requirements; 
• the need to master both legal and medical complexities; and
• the burden of overcoming the elevated trust and respect the public and juries have for doctors and nurses.

Families pursuing these claims need knowledgeable legal representation to navigate these challenges effectively. If you or a loved one believe you have experienced medical negligence, consulting with an experienced Illinois medical malpractice attorney as soon as possible can ensure your rights are protected.  Our Illinois trial lawyers are here to help.  Reach out to us at www.bautistaleroystl.com or 833-381-6589 for a free consultation.