Medical Malpractice in Illinois

Illinois Medical Malpractice: Overview

Illinois is one of the most plaintiff-favorable major malpractice states. Following the Illinois Supreme Court's decision in Lebron v. Gottlieb Memorial Hospital (2010), Illinois has no statutory cap on compensatory damages. Cook County juries regularly produce significant verdicts in catastrophic injury and birth injury cases.

Illinois Statute of Limitations

735 ILCS 5/13-212 sets a 2-year limitations period from when the plaintiff knew or should have known of the injury and that it was wrongfully caused, with a 4-year absolute statute of repose from the date of the act or omission. For minors, the period is tolled to age 18 but the absolute outside limit is 8 years from the act or omission.

No Damage Cap in Illinois

The Illinois Supreme Court struck down the state's non-economic damage cap in Lebron v. Gottlieb Memorial Hospital (2010) as a violation of the separation of powers clause of the Illinois Constitution. There is currently no statutory cap on either non-economic or total compensatory damages.

Affidavit and Certificate of Merit

735 ILCS 5/2-622 requires the plaintiff's attorney to file an affidavit with the complaint stating that the attorney has consulted with a qualified health professional, along with a written report (certificate of merit) from that professional stating that there is a reasonable and meritorious cause for filing the action.

The reviewing health professional must be in the same or a substantially similar specialty as the defendant. Failure to comply with § 2-622 results in dismissal — though the dismissal may be without prejudice if the statute of limitations has not run.

Expert Requirements in Illinois

Illinois applies the Frye standard for expert admissibility. The standard-of-care expert must be licensed and actively engaged in the practice or teaching of the relevant specialty.

Illinois Court System for Malpractice

Illinois malpractice cases are filed in the Circuit Court — the state's trial court of general jurisdiction. Cook County (Chicago) is the most active malpractice venue. Appeals go to the Illinois Appellate Court and the Illinois Supreme Court.

Common Defendants in Illinois Malpractice

Major Illinois defendants include Northwestern Medicine, Rush University Medical Center, Advocate Aurora Health (now Advocate Health), Loyola Medicine, University of Chicago Medicine, and Cook County Health.

Notable Illinois Malpractice Law

Illinois applies modified joint and several liability under 735 ILCS 5/2-1117 — defendants less than 25% at fault are only severally liable for non-economic damages, while defendants 25% or more at fault remain jointly and severally liable.

Finding a Medical Malpractice Attorney in Illinois

The Illinois Attorney Registration and Disciplinary Commission (ARDC) maintains a public lawyer search. The Illinois State Bar Association and the Illinois Trial Lawyers Association (ITLA) are additional resources for identifying experienced malpractice counsel.