Your Guide to Medical Malpractice in Illinois

 Posted on January 23, 2026 in Medical Malpractice

Medical malpractice happens when a doctor, nurse, or other healthcare provider makes a mistake that causes injury to a patient. This can involve doing something wrong or failing to do something that should have been done.

In 2025, the Illinois Department of Insurance reported that medical malpractice insurers in Illinois wrote more than $387 million in premiums. Clearly, these cases arise more often than you would think across the state.

As of 2026, Illinois courts continue to apply strict rules to medical malpractice claims, including firm filing deadlines and early expert review requirements. If you believe poor medical care caused you or a loved one harm, a Chicago, IL medical malpractice lawyer can help explain your rights and what steps to take next.

How Do You Know If You Have a Medical Malpractice Case?

Most Illinois medical malpractice cases, which are mainly governed by 735 ILCS 5/13-212, come down to four key issues. First, there must have been a doctor-patient relationship. This means the healthcare provider agreed to treat or evaluate you. This creates a legal duty to provide proper care. 

Second, the provider must have failed to meet the standard of care. Basically, they must’ve acted in a way that a reasonably careful medical professional would not have in the same situation. Medical experts are often used to explain what proper care should have looked like and how the provider’s actions fell short.

Third, the medical error must have directly caused your injury. It’s not enough that a mistake occurred during treatment. The mistake must be the reason you were harmed. If the injury had happened even with proper care, the claim may not succeed under Illinois law.

Finally, you must have suffered real harm. This can include added medical bills, physical pain, lost income, or long-term health problems caused by the provider’s actions. Without measurable harm, a medical malpractice claim cannot move forward.

What Are Common Examples of Medical Malpractice in Illinois?

Medical malpractice can happen in hospitals, clinics, and nursing facilities. Common examples include:

• Missed or delayed diagnoses, such as cancer or stroke

• Surgical mistakes

• Medication errors involving the wrong drug or dose

• Failure to monitor patients after treatment

• Birth injuries caused by missed warning signs

Each case depends on medical records and expert review.

How Long Do You Have To File a Medical Malpractice Lawsuit in Illinois?

Illinois law sets strict deadlines. Under 735 ILCS 5/13-212, most medical malpractice lawsuits must be filed within two years of when you knew, or should have known, about the injury and its cause.

There is also a final cutoff. In most cases, no lawsuit can be filed more than four years after the medical mistake happened, even if the injury is discovered later. Cases involving children follow different rules, which makes early review important.

What Is an Affidavit of Merit in an Illinois Medical Malpractice Case?

Illinois law requires most malpractice cases to include a written medical opinion when the case is filed. Under 735 ILCS 5/2-622, a qualified medical professional must confirm there is a reasonable basis for the claim.

This rule means malpractice cases must be reviewed carefully before filing. Medical records and expert opinions are often needed early.

What Compensation Can You Recover in an Illinois Medical Malpractice Claim?

Illinois does not place a cap on most malpractice damages. Depending on the case, compensation may include:

• Past and future medical costs

• Lost wages and reduced ability to work

• Pain and suffering

• Long-term disability or loss of normal life

If medical negligence leads to death, certain family members may bring a claim under the Illinois Wrongful Death Act, 740 ILCS 180/2.

What Happens After You File a Medical Malpractice Lawsuit?

After a case is filed, both sides share information in a process called discovery. This often includes medical records, expert reports, and sworn testimony. Hospitals and insurance companies often defend these cases strongly.

Some cases settle after evidence is exchanged. Others go to trial, where a judge or jury decides fault and damages. An attorney can help manage this process, respond to defense tactics, and present the evidence in a clear way that supports your claim.

Schedule Your Free Consultation With Our Mount Prospect, IL Medical Malpractice Attorney

Medical malpractice cases often involve hospitals and large insurance companies. Attorney Adler places a high priority on fighting for his clients’ rights against large insurance companies and has secured millions of dollars for clients who have been injured in accidents. To learn how Illinois law applies to your situation, contact a Chicago, IL medical malpractice lawyer at Adler Injury Law, Ltd. today. Call 312-236-2700 to get started with a free consultation.