Are Medical Malpractice Cases Hard to Win?

 Posted on December 20, 2025 in Medical Malpractice

When we are treated by a doctor, we expect to be diagnosed and treated correctly. Unfortunately, medical malpractice harms and kills many patients every year.

One commonly cited statistic says that medical errors are a leading cause of death in the U.S. Research from the National Library of Medicine suggests that the true rate of preventable deaths from medical errors is lower, but is still unacceptable at over twenty thousand every year.

If you think you may have suffered from medical malpractice, talk to our experienced Joliet, IL medical malpractice attorney. You deserve answers and justice. 

What Is Medical Malpractice?

Healthcare providers have years of education and training before they can practice medicine. When doctors who should know better make foolish or careless mistakes, people seriously suffer. In medical malpractice cases, these mistakes are called negligence. It means that your doctor did not give you the same standard of care that another qualified medical professional would have in the same situation.

Doctors aren’t the only ones who can commit medical malpractice. Nurses, midwives, chiropractors, and dentists can be liable. Common forms of medical malpractice include:

• Anesthesiology errors

• Birth injuries

• Diagnostic errors

• Emergency room errors

• Failure to consider medical history

• Failure to obtain informed consent

• Hospital errors

• Medication errors

• Misdiagnosis, delayed diagnosis, or failure to diagnose

• Surgical errors

The Challenges of Medical Malpractice Cases

Medical evidence is complex and confusing to most people. There is often a bias against plaintiffs in medical malpractice cases because people prefer to believe that doctors don’t make these kinds of serious mistakes.

If your case goes to trial, the evidence may be hard for juries and judges to understand. Your lawyer must talk about complicated concepts in simple language. You may require expert medical witnesses to examine you and testify on your behalf.

You need an attorney who understands how these cases work, the types of evidence you need, and how to present your case clearly.

What Evidence Do You Need to Prove Medical Malpractice?

Winning a medical malpractice case takes strong evidence. You have to prove that your healthcare provider was negligent and that negligence more likely than not directly caused your injuries. 

Medical Records

Medical records are the foundation of your case. These documents show what treatment you received, what your healthcare provider knew about your condition, and what decisions they made. 

Expert Witnesses

Expert testimony is almost always required in medical malpractice cases. You need another medical professional in the same field to testify that your healthcare provider's actions fell below the accepted standard of care. 

Proof of Injuries and Damages

You will also need documentation of your injuries and damages. This might include:

• Medical bills showing the cost of correcting the malpractice

• Records of further treatment you needed

• Proof of lost wages if you could not work

• Evidence of how your injuries affected your quality of life

How Long Do You Have to File a Medical Malpractice Claim in Illinois?

Illinois law sets strict deadlines for filing medical malpractice claims. Under 735 ILCS 5/13-212, you only have two years from the date you knew about the injury to file a lawsuit. You must file within four years of the date the malpractice occurred, no matter when you found out about it.

Some situations may extend or shorten these deadlines. For example, cases involving minors have different rules. Cases against government healthcare facilities may have shorter notice requirements. These deadlines are complex and the consequences of missing them are severe. You should contact an attorney as soon as you suspect malpractice.

What Damages Can You Recover in a Medical Malpractice Case?

Medical malpractice can result in significant financial, physical, and emotional harm. Illinois law allows you to seek compensation for both economic and noneconomic damages.

Economic Damages

Economic damages cover your measurable financial losses. This includes all medical expenses related to treating the injury caused by malpractice, future medical care you will need because of your injuries, lost wages from time you missed work, lost earning capacity if you can no longer work in your profession, and costs of rehabilitation or ongoing care.

Noneconomic Damages

Noneconomic damages compensate you for losses that do not have a specific price tag. This includes:

• Physical pain and suffering

• Emotional distress (depression, anxiety, etc.)

• Not being able to enjoy your life as much 

• Disfigurement 

• Permanent disability

Punitive Damages

Punitive damages in Illinois medical malpractice cases are not allowed. 

Will My Medical Malpractice Case Go to Trial?

Carlson Law Group, P.C. may be able to settle your claim by negotiating with the insurance company. However, insurance companies and their lawyers might fight against paying you fairly. If we cannot reach an acceptable settlement, we may recommend filing a civil lawsuit and taking your case to trial.

Call Our Morris, IL Medical Malpractice Lawyer

To get the best outcome for your medical malpractice claim, you need a highly effective and knowledgeable attorney. Our firm is made up of some of the most accomplished injury attorneys in Illinois.  Attorney Dave Carlson is a former judge and prosecutor with a thorough understanding of the judicial system. 

This experience gives you a clear advantage in complex medical malpractice cases. Contact Carlson Law Group, P.C. at 815-710-3700 now to schedule a free consultation with our dedicated Grundy County, IL personal injury lawyer.