Illinois Medical Malpractice Lawyer
Illinois medical malpractice law does not impose damage caps on non-economic damages. Illinois is relatively plaintiff-friendly for medical malpractice claims.
Medical Malpractice Law in Illinois
Illinois allows medical malpractice claims when healthcare providers deviate from accepted standards of care and cause patient injury. Illinois is considered more plaintiff-friendly than many states, without significant damage caps on non-economic damages.
Illinois law generally allows recovery of all damages supported by evidence and expert testimony.
Statute of Limitations
In Illinois, the statute of limitations for medical malpractice is 2 years from the date of injury or discovery of injury. This is a strict deadline that bars claims filed after this period.
The "discovery rule" applies when injury is not discovered immediately, potentially extending the deadline.
Affidavit of Merit
Illinois requires that malpractice complaints be accompanied by an affidavit of merit from a qualified healthcare provider supporting the claim. This affidavit must be filed with the complaint.
The affidavit requirement ensures that only meritorious claims proceed to litigation.
Damages
Illinois does not impose damage caps on non-economic damages, allowing juries to award damages appropriate to the injury severity. Economic damages (medical expenses, lost wages) are fully recoverable.
Punitive damages may be awarded in cases involving gross negligence or willful misconduct.
How to Pursue a Claim
Illinois malpractice claims require compliance with the affidavit of merit requirement. Many cases are resolved through negotiation and settlement.
Contact an experienced Illinois medical malpractice attorney who can evaluate your case and ensure proper procedural compliance.
The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this page or submitting a contact form.