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.
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