Illinois (IL) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Illinois.
Damage Cap
No cap (caps struck down as unconstitutional in 2010 by the Illinois Supreme Court)
Statute of Limitations
2 years from the date the plaintiff discovered or should have discovered the injury
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.
Average Settlement
$300,000 - $700,000
Average Verdict
$500,000 - $2,500,000
Key Facts About Illinois Medical Malpractice Law
- 1Illinois's damage caps were ruled unconstitutional in Lebron v. Gottlieb Memorial Hospital (2010) as a violation of separation of powers.
- 2Plaintiffs must file an affidavit of merit with an attached expert report within 90 days of filing the complaint.
- 3Illinois follows a modified comparative negligence system with a 50% bar.
- 4Cook County (Chicago) is historically one of the most plaintiff-friendly jurisdictions for medical malpractice claims.
- 5Punitive damages are not available in standard medical malpractice cases under Illinois law.
Need Help with a Illinois Medical Malpractice Case?
If you believe you have a medical malpractice claim in Illinois, it is important to act quickly. The statute of limitations in Illinois is 2 years from the date the plaintiff discovered or should have discovered the injury. Most medical malpractice attorneys offer free initial consultations.