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What Evidence is Used to Prove Medical Malpractice in Illinois?Written by: Michael J. Helfand Reputation Level 16
Posted over 2 years ago. Applies to Illinois, 1 helpful vote, 0 comments
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Medical recordsRelevant medical records may include the patient's prior medical history, their current medical status, records of the medical treatment or procedure that the lawsuit is about, internal records of the healthcare provider, and professional records of the doctor or other provider accused of malpractice. These records can take a long time to acquire, which is sometimes due to administrative delay or objections to handing over the documents. 2
Affidavits and depositionsThese types of potential evidence are gathered after the lawsuit has started and is in a phase called discovery. Affidavits are written statements that come from witnesses or either party. Depositions are face-to-face interview sessions where one side asks questions of the other, under oath. In general, you can depose the other party, as well as witnesses. The statements are then used in court. 3
Expert testimonyBecause of the complexity of medical information, expert testimony is almost always required. In Illinois, an expert must be consulted even before the lawsuit is filed. The expert must review the records and agree that the lawsuit is reasonable. Later on in the case, when and if the case goes before a jury, experts are used to testify about the standards the provider was supposed to meet and whether those standards were met. Additional ResourcesExperienced medical malpractice attorneys know how to gather all the relevant evidence as quickly as possible. They also know where to find reliable medical experts. If you have a medical malpractice case, you should have an attorney on your side. If you don't know where to start, give us a call. We can help you find the best attorney for you. Related Questions4 Attorney answers: 
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