An Illinois medical malpractice claim typically moves through these stages: an initial case evaluation, collecting medical records, review by a qualified health professional, a written report and affidavit that must be filed with the complaint (735 ILCS 5/2-622), filing in court, discovery, settlement talks or mediation, and, if the case does not resolve, trial. The doctor's report is required because Illinois law makes a health professional's finding of a reasonable and meritorious basis a condition of going forward. Call Stavros Law Offices at (847) 520-4810 for a free consultation.

General information, not legal advice. Last reviewed: October 2026.

These stages are a general outline. Each case is different, and not every case reaches every stage. This page is part of our medical malpractice resource.

Step 1: The Initial Consultation and Your Deadline

The first conversation is about what happened and when. We will want to know the dates of the care involved, the date you first learned something was wrong, the providers and facilities involved, and what you have been told by them. The dates matter because Illinois sets strict deadlines for malpractice actions: generally two years from when the claimant knew or should have known of the injury or death, and no more than four years after the act or omission, with exceptions for minors and other situations (735 ILCS 5/13-212). See our page on medical malpractice deadlines in Illinois.

A consultation with us is free, and it does not mean we have agreed to take a case. Whether a claim can be pursued depends on the records and on a medical review.

Step 2: Collecting Your Medical Records

The medical chart is the starting point for any malpractice review. A complete set of records may include physician and nurse notes, orders, medication records, lab results, imaging reports and the images themselves, consent forms, discharge papers and billing records. Records often come from several places: a primary doctor, a hospital, an outpatient center, a pharmacy.

Under 735 ILCS 5/8-2001, health care facilities and practitioners must let a patient or the patient's authorized attorney examine and copy the patient's records upon a written request. The statute calls for compliance within 30 days of the request; if more time is needed, the provider must give a written statement of the reasons and the date by which the records will be provided, and in any event must provide them no later than 60 days after the request. Reasonable copying charges may apply. Delays in getting records can affect the timing of everything that follows.

Step 3: Review by a Qualified Health Professional

Once records are collected, they are reviewed by a health professional who is qualified in the area of care involved. This reviewer looks at questions such as:

• What was the accepted standard of care in this situation?
• Did the care that was given meet that standard?
• If not, did the departure cause the harm, or would the outcome likely have been the same anyway?

Some cases need more than one reviewer, for example when both a surgeon's decisions and a nurse's monitoring are in question. A reviewer may conclude that the care was appropriate, and it is better to know that before a lawsuit is filed.

Step 4: The Doctor's Report and the Section 2-622 Affidavit

Section 2-622 of the Illinois Code of Civil Procedure (735 ILCS 5/2-622) requires that, in a lawsuit seeking damages for injury or death by reason of medical, hospital or other healing art malpractice, the plaintiff's attorney (or the plaintiff, if representing themselves) file an affidavit attached to the original and all copies of the complaint. The affidavit generally declares that:

• the affiant has consulted with and reviewed the facts of the case with a health professional the affiant reasonably believes is knowledgeable in the relevant issues, practices or has practiced (or teaches or has taught) within the last six years in the same area of health care or medicine at issue, and is qualified by experience or demonstrated competence;
• the reviewing health professional has determined in a written report, after reviewing the medical record and other relevant material, that there is a reasonable and meritorious cause for filing the action; and
• the affiant has concluded on that basis that there is a reasonable and meritorious cause for filing.

A copy of the report, identifying the plaintiff and the reasons for the reviewer's determination, must be attached. The statute allows information identifying the reviewer to be deleted from the attached copy.

Other details from the statute:

• Type of reviewer. If the defendant is a physician licensed to treat human ailments without drugs or operative surgery, a dentist, a podiatric physician, a psychologist or a naprapath, the report must come from a health professional licensed in the same profession with the same class of license. For other defendants, it must come from a physician licensed to practice medicine in all its branches. The affidavit must identify the reviewer's profession.
• A separate report for each defendant. Each defendant named in the complaint, including those added later, needs a separate certificate and report.
• Special timing situations. If a statute of limitations would impair the action and the consultation could not be obtained before it expired, the affidavit may say so, and the certificate and report must then be filed within 90 days after the complaint. Similarly, if requested records were not produced within 60 days of the request, the report is due within 90 days after the records are received. These are narrow exceptions with conditions, and they are not a plan.
• Particular claim types. Additional certification requirements apply if the plaintiff relies on res ipsa loquitur or on failure to inform of the consequences of a procedure.
• Consequences. The failure to file a required certificate is grounds for dismissal under Section 2-619. Also, allegations and denials in the affidavit made without reasonable cause and found to be untrue can subject the party or attorney to payment of the other side's reasonable expenses and attorney fees.

Why Is a Doctor's Report Required?

The statute requires it as a condition of filing, and the effect is that a qualified health professional must have looked at the records and found a reasonable and meritorious basis before the lawsuit goes forward. In practice, this serves as an early check on whether a claim has medical support. It also reflects a basic reality of these cases: whether a provider met the standard of care is a medical question, and a lawyer's opinion or a patient's disappointment with a result is not enough.

Keep in mind that the 2-622 report is a procedural requirement. Having a report does not mean the case will succeed, and the defendants can still dispute the medical opinions as the case proceeds.

Step 5: Filing the Complaint

With the affidavit and report in hand, the complaint is filed in court. The complaint describes the parties, the care involved, how it is alleged to have fallen below the standard of care, and the harm that resulted. Each defendant is served and has a period of time to respond.

The filing must be made within the applicable deadline. As discussed above, the statute contains limited timing provisions for the report, but the complaint itself must still be filed on time.

Step 6: Discovery

Discovery is the stage in which each side learns what evidence the other has. It commonly includes:

• Written questions and document requests, including the full medical chart, policies and electronic records.
• Depositions, in which the patient, the providers and other witnesses answer questions under oath.
• Medical witness disclosures, in which each side identifies the health professionals who will give opinions about the standard of care and causation.

Step 7: Settlement Discussions and Mediation

Many civil cases are discussed for settlement at various points. Mediation is one way to do this: a neutral third person helps the parties talk through whether the case can be resolved. A settlement requires the client's decision. We do not predict whether a case will settle or what it may be worth, and every case is different.

Step 8: Trial

If a case does not resolve, it may be tried before a judge or a jury. At trial, both sides present witnesses, including the treating providers and medical witnesses, along with documents and, where useful, demonstrative aids. The plaintiff must prove the claim; the defense can challenge both the standard of care and causation. After a verdict, there may be further motions or an appeal. We cannot promise any result.

How Long Does It Take?

It depends on how quickly records are produced, the number of defendants and medical issues, court schedules, and whether settlement talks succeed. We do not give a set time frame for a case.

Steps You Can Take Now

Get the medical care you need, write down a timeline while details are fresh, list every provider involved, request your records in writing and keep copies, and avoid signing releases or discussing the claim on social media. Then call promptly and bring your dates.

To see the kinds of claims we review, return to our medical malpractice overview, or read about misdiagnosis and delayed diagnosis, surgical errors and birth injuries. If a family member died, see our wrongful death page.

Frequently Asked Questions

Why is a doctor's report required in an Illinois malpractice case?

Under 735 ILCS 5/2-622, the complaint must be accompanied by an affidavit and a written report from a qualified health professional who reviewed the records and found a reasonable and meritorious cause for filing. It means a medical reviewer has looked at the case before it goes forward. It is a procedural requirement, not a promise that the case will succeed.

Is one report enough if more than one provider is involved?

No. The statute requires a separate certificate and written report as to each defendant named in the complaint, including any defendant named later.

How do I get my medical records?

Make a written request to each facility or practitioner. Under 735 ILCS 5/8-2001, the request is to be satisfied within 30 days, or the provider must explain the delay in writing within 30 days and provide the records no later than 60 days after the request. Reasonable copying charges may apply.

Can a case settle without going to trial?

Yes. Many civil cases are discussed for settlement, sometimes through mediation. Whether a case settles depends on its facts, and we cannot predict an outcome or timeline.

Does it cost anything to talk with Stavros Law Offices about my case?

The initial consultation is free. Call (847) 520-4810 and bring your dates and any records you have.

Talk to Our Team

Stavros Law Offices is one team handling criminal defense and DUI, personal injury and civil litigation. Call (847) 520-4810 or request a free consultation online. Our bilingual staff can assist. Se habla español.

Stavros Law Offices
433 N. Milwaukee Ave, Wheeling, IL 60090
(847) 520-4810
Monday–Friday 9–5; closed Saturday
Serving clients in Cook, Lake, McHenry, Kane and DuPage Counties.

General information, not legal advice; no attorney-client relationship until engaged; past results do not guarantee a similar outcome. Laws and deadlines change and every case is different. Last reviewed: October 2026.