Shay & Associates

Get trusted advice from our personal injury team. CALL NOW.
Decatur: 217-619-8191 | Springfield: 217-481-9690

Common Questions About Medical Malpractice Claims
Timothy Shay

Your Medical Malpractice Questions Answered

At Shay & Associates Law Firm, LLC, we have handled complex medical malpractice claims since 1992. Our clients in Decatur, Springfield and throughout Illinois often come to us with difficult questions. Our attorneys are always happy to share their knowledge and to give our clients peace of mind that everything is being done to protect their rights.

Following are some of the most frequently asked questions we receive:

What Is Medical Malpractice?

Medical malpractice is any injury or illness that happens because of a medical expert’s negligence. This can happen because of a medical professional’s misdiagnosis, lack of appropriate treatment, delay in treatment, surgical error, birth injury or other preventable incidents.

Who Can I Pursue A Claim Against?

You can pursue a medical malpractice suit against any medical professional, including doctors, nurses, anesthesiologists, pharmacists, radiologists and hospitals. In many cases, more than one party is at fault, opening the door to multiple sources of compensation. An experienced medical malpractice lawyer can identify all liable parties so that all are held accountable.

How Do You Prove Your Medical Malpractice Claim?

Your medical malpractice must meet certain elements:

  • Legal duty: A medical professional has a duty to care for you by following accepted medical standards. If the medical professional does not meet these standards, this can be a cause for a medical malpractice claim.
  • Injury: Your injury happens because of breached medical duty due to negligence.
  • Lack of standard care: Your medical professional provides neglectful, incompetent or non-standard care that resulted in your injury.

The good news is you don’t have to prove anything. Our experienced attorneys have the knowledge and resources handle that for you. 

What Is The Medical Malpractice Law Process?

After a free initial consultation, we proceed with the following steps.


We first investigate your claim. This can include medical record reviews and personal interviews about your condition or injury. Based on these findings, we can determine whether your medical malpractice claim has merit.

Medical expert verification

We will seek out medical experts who can verify your claim of medical negligence. These experts can provide a certificate of merit.

Lawsuit filing

Once we have a medical expert’s certificate of merit, we can file the lawsuit.


Once the lawsuit has been filed, discovery efforts begin. This includes interrogatories, requests for documents or depositions.

What Damages Can I Pursue For Compensation?

You have a right to economic and noneconomic damages. Economic damages include medical expenses and loss of wages. Noneconomic damages include pain and suffering. Currently, Illinois medical malpractice law sets no cap on damages.

However, the statute of limitations is two years. Act now before your claim is too late.

Why Choose Shay & Associates Law Firm, LLC?

The attorneys at Shay & Associates Law Firm, LLC have extensive experience handling medical malpractice claims in Illinois. Our law firm is known for our aggressive, tenacious representation to get you the compensation you deserve.

We help you understand your case and all your options. Having handled complex medical negligence claims since 1992, we have the experience to make a difference for your future.

Choose our medical malpractice lawyers today by calling us at 217-619-8191 in Decatur or 217-481-9690 in Springfield or by contacting us online. Your legal consultation is free.