Illinois residents have the right to expect that the medical professionals tending to them are competent and will not make any mistakes -- especially ones that leave patients with serious or fatal injuries. The anger, disappointment and confusion people in this situation experience might lead them to the desire to file a hospital negligence claim. However, there are some things to consider prior to filing.
The first, and perhaps most obvious, issue to consider is that litigation can be expensive and time-consuming. Therefore, it might be beneficial to have the evidence of negligence reviewed by an independent medical professional before making a determination of whether it would be appropriate to file a lawsuit. Once it is preliminarily confirmed that a mistake was made, the parties can move on to the next step.
It is not always easy to figure out what party or parties need to be listed as defendants in a lawsuit. Failing to consider all levels of potential liability might mean that the victim and/or the victim's family could miss out on damages to which they might otherwise be entitled. The legalities surrounding this issue practically require that someone with extensive legal knowledge is part of the process.
These are just a few of the issues that need to be addressed prior to filing a hospital negligence claim. Before a case can be formally initiated, these issues and others must be resolved in order to ascertain whether a legal basis exists for the case. Once that decision is made, a lawsuit can be filed in an Illinois civil court where the victim and/or his or her family will have the opportunity to present evidence and request damages.
Source: The Huffington Post, "6 Things You Should Consider Before Filing a Suit for Medical Negligence", Toby Nwazor, May 24, 2016