Serving Illinois and Nationwide
Medical Malpractice Complaint Drafting Guide
Here is a list of all the things you will need to include in your Illinois medical malpractice complaint.
- Factual circumstances of the malpractice or, in the alternative, res ipsa loquitur requirements requiring:
- An injury occurring normally only with negligence.
- The defendant had exclusive control over the plaintiff.
- Date (of act/omission and emergence of injury/damages).
- Employment/Credentials of defendant and if vicarious liability of employer:
- Negligent person was employee/agent of employer.
- Employer knew and approved of the negligent person’s apparent authority.
- The plaintiff carefully relied on the employer’s presentations.
- Relief including:
- Pain and suffering (present and future).
- Lost of earnings (present and future).
- Medical bills.
- Loss of normal life.
- Punitive damages (if applicable).
- Attorney’s affidavit pursuant to 735 ILCS 5/2-622.
- Physician’s certificate of meritorious basis pursuant to 735 ILCS 5/2-622.
- If complying with discovery/tolling provisions, specific allegations
- concerning the discovery date, plaintiff’s minority/disabled status, or the nature of defendant’s continuous treatment.