Medical malpractice cases are some of the hardest injury claims to pursue. Medical errors remain one of the leading causes of serious injury and death in the United States, but providers and their insurers fight these claims aggressively. They often rely on large legal teams and insurance professionals to limit responsibility. This makes negotiations challenging and explains why preparation is so important.
The overview below explains how settlement talks usually unfold, the obstacles injured patients face, and the steps a law firm takes to strengthen a client’s position.
Understanding Medical Malpractice Under Illinois Law
Medical malpractice happens when a healthcare professional causes physical harm by failing to provide care that meets accepted medical standards. These standards depend on the patient’s condition, the provider’s training, and the setting where care was given. More than one provider or medical facility may share responsibility in a single case.
To negotiate a fair settlement, you must be able to show that malpractice occurred.
Under Illinois law, this requires proving:
- A doctor-patient relationship existed
- The provider owed a duty of care
- The provider breached the accepted medical standard
- The breach caused the patient’s injury
- The patient suffered measurable damages
These elements confirm whether a provider acted unreasonably and whether their actions caused harm.
A plaintiff must prove each element by a “preponderance of the evidence,” meaning the claim is more likely true than not. This burden directly affects negotiations because insurers rarely offer fair compensation unless they believe the evidence is strong.
Illinois Requirements
Many Illinois medical malpractice cases require an “Affidavit of Merit.” This affidavit includes a written report from a qualified medical professional.
The expert must confirm:
- They reviewed the relevant medical records
- The provider deviated from the standard of care
- This deviation caused the patient’s injury
Without this affidavit, a case can be dismissed early. Insurance companies know this rule and often refuse meaningful negotiations until they see a thorough report from a respected expert. A strong affidavit signals seriousness and can increase negotiation leverage.
Common Defenses in Illinois Medical Malpractice Negotiations
Defendants rarely concede liability without a fight. During negotiations, their lawyers and insurance adjusters will usually test every possible defense. Sometimes, they do this to weaken your resolve or in an attempt to justify a lower offer.
Some of the most common defenses include:
The Statute of Limitations
In Illinois, the statute of limitations for medical malpractice cases generally must be filed within 2 years from the date you knew or should have known about the injury, but no more than 4 years from the date of the malpractice incident. If the victim is a minor, the period may be extended.
If the defendant believes the deadline has expired, they know your bargaining power is gone. A time-barred claim cannot survive in court and, therefore, has no settlement value. Even the suspicion of a limitations issue can cause insurers to reduce their offers dramatically.
Comparative Negligence
Illinois follows a modified comparative negligence rule. This means your compensation can be reduced if you share fault for your injury. If you are more than 50% responsible, you can recover nothing.
In negotiations, defendants may argue:
- You ignored medical advice
- You withheld critical medical history
- You failed to attend follow-up appointments
- You contributed to the injury in a meaningful way
Even a small percentage of blame can reduce a settlement.
Failure to Mitigate Damages
After malpractice occurs, patients are expected to act reasonably to prevent additional harm. If you fail to take prescribed medication, skip physical therapy, or engage in activities that worsen your condition, the defendant may claim this worsened outcome is partly your fault.
Insurers often scour medical records and social media to support a mitigation defense.
Pre-Existing Conditions
One of the most common negotiation tactics is blaming your injury on a prior condition. If a patient had chronic back pain before surgery, for example, the hospital may argue the operation didn’t cause the harm.
Skilled personal injury lawyers combat this tactic through expert testimony and detailed medical comparisons.
Contact the Rockford Medical Malpractice Lawyers at Zayed Law Offices Personal Injury Attorneys for Help Today
Medical malpractice cases are difficult, but you do not have to face them alone. If you were harmed because a healthcare provider failed to follow proper medical standards, our Rockford medical malpractice attorneys will investigate what happened, explain your legal options, and fight for the compensation you deserve. We prepare every case as if it will go to trial so we can negotiate from a position of strength.
You should not have to deal with the financial, physical, and emotional consequences of medical negligence on your own. Contact the experienced Rockford medical malpractice lawyers at Zayed Law Offices Personal Injury Attorneys today to schedule a free consultation. We are here to help you move forward and protect your rights.
We proudly serve Cook County, Will County, Kendall County, and their surrounding areas:
Zayed Law Offices Personal Injury Attorneys – Chicago Office
10 S La Salle St STE 1230, Chicago, IL 60603
Phone:(312) 726-1616
Hours: Open 24/7
Our firm is located near you. We have an office in Chicago
Find us with our GeoCoordinates: 41.8815493,-87.6327515
Zayed Law Offices Personal Injury Attorneys – Joliet Office
195 Springfield Ave, Joliet, IL 60435
Phone: (815) 726-1616
Our firm is located near you. We have an office in Joliet
Find us with our GeoCoordinates: 41.5254295,-88.1381011
Zayed Law Offices Personal Injury Attorneys – Rockford Office
318 N 1st St, Rockford, IL 61107
Phone:(815) 662-0330
Hours: Open 24/7
