Hospital Infections in Illinois
Average Settlement: $250,000 - $700,000 | Statute: 2 years from the date the plaintiff discovered or should have discovered the injury
About Hospital Infections
Hospital-acquired infections, also known as nosocomial infections, occur when patients contract infections during the course of receiving treatment in a healthcare facility. These infections are often caused by failures in hygiene protocols, improper sterilization of equipment, or inadequate infection control measures. Hospital infection malpractice cases require demonstrating that the facility deviated from accepted infection prevention standards, directly causing the patient's infection and resulting harm.
Illinois Medical Malpractice Laws
Statute of Limitations
2 years from the date the plaintiff discovered or should have discovered the injury
Damage Cap
No cap (caps struck down as unconstitutional in 2010 by the Illinois Supreme Court)
Discovery Rule
Illinois applies a broad discovery rule, beginning the limitations period when the plaintiff knows or reasonably should know of the injury, subject to a 4-year statute of repose from the negligent act.
Pre-Filing Requirements
Plaintiffs must file an affidavit and an attached written report from a qualified health professional certifying reasonable and meritorious cause for filing.
Common Examples of Hospital Infections
- •Surgical site infections due to non-sterile operating conditions
- •Central line-associated bloodstream infections (CLABSIs) from improper catheter insertion or maintenance
- •Catheter-associated urinary tract infections (CAUTIs) from prolonged or unnecessary catheter use
- •MRSA or C. difficile infections spread through poor hand hygiene or contaminated surfaces
- •Ventilator-associated pneumonia from inadequate respiratory equipment care
- •Post-operative wound infections caused by failure to administer prophylactic antibiotics
Key Facts
- ✓The CDC estimates that approximately 1 in 31 hospital patients has at least one healthcare-associated infection on any given day
- ✓Hospitals are required to follow evidence-based infection prevention bundles, and failure to do so can constitute negligence
- ✓Infection control committee records, staff training logs, and hand hygiene compliance audits are discoverable evidence in these cases
- ✓Proving causation is often the most challenging element, as defendants may argue the infection would have occurred despite proper precautions
- ✓CMS publicly reports hospital infection rates, and facilities with rates significantly above the national baseline face stronger liability exposure
- ✓Some states have enacted specific hospital infection disclosure laws that require facilities to report infection data, which can be used as evidence
- ✓Illinois's damage caps were ruled unconstitutional in Lebron v. Gottlieb Memorial Hospital (2010) as a violation of separation of powers.
- ✓Plaintiffs must file an affidavit of merit with an attached expert report within 90 days of filing the complaint.
- ✓Illinois follows a modified comparative negligence system with a 50% bar.
- ✓Cook County (Chicago) is historically one of the most plaintiff-friendly jurisdictions for medical malpractice claims.
- ✓Punitive damages are not available in standard medical malpractice cases under Illinois law.
Victim of Hospital Infection in Illinois?
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Other Malpractice Types in Illinois
This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Illinois.