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Medical Malpractice Complaint Drafting Guide

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Here is a list of all the things you will need to include in your Illinois medical malpractice complaint.

  • Jurisdiction.
  • Venue.
  • Statute(s).
  • 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).
    • Disfigurement.
    • 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.
Look at our medical malpractice page for more information
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Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa