You can't prove a medical malpractice claim without a medical expert. In fact, in Illinois you can't file a lawsuit without one.
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Expert opinion required at outset
In Illinois, you need a medical expert's opinion in order to file a medical malpractice lawsuit. The expert must review your records and determine that your case has merit. Your attorney must attach the report, as well as an affidavit stating that he or she consulted with a qualified expert, to the complaint (which is the document that begins a lawsuit).
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Expert's role in proving your case
In order to prove medical malpractice, you need to prove that the health care provider's actions fell below the standard of care. Medical experts are used to determine what the standard is and whether the provider fell short. For example, if you are suing after a botched surgery, you will need an expert to argue that your surgeon's actions were unreasonable under the circumstances.
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Finding and paying for a medical expert
Your medical malpractice attorney will find the expert or experts needed to file and prove your case. Experts are expensive, which is one reason people generally don't sue for minor injuries. Your attorney or firm will advance these costs.
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