In order to prove a medical malpractice case under Illinois law, the injured party must prove through expert testimony that the health care provider (doctor, nurse, therapist) failed to meet the accepted standard care and that the deviation from that standard was a cause of the injury alleged. The standard of care is generally established through the opinion testimony of expert witnesses.
Illinois courts require that prior to filing a medical malpractice case that the party bringing the suit first obtain a report from a licensed physician certifying that the case has merit. If a Complaint is filed without a merit report, the judge hearing the case is obligated to dismiss the Complaint.
Just because you obtain the certificate of merit need to file the case that does not mean you have won the case. It simply allows the case to proceed. The doctor or hospital being sued has the right to put forth evidence showing that the care provided meet the accepted standards and that the alleged harm did not result from any negligence.
If you have any questions regarding a potential medical malpractice case, please feel free to contact one of the experienced Chicago Personal Injury Lawyers at Mitchell Hoffman & Wolf LLC.