IL
Medical negligence settlements
in Illinois.
An Illinois malpractice complaint must come with a health professional’s written report saying the case has merit. Once past that step, there is no cap on damages, and appeals courts have upheld both modest and very large verdicts.
Facts that decide a medical negligence claim in Illinois
| Certificate and report | The complaint must attach an affidavit that a health professional found reasonable and meritorious cause for the action, plus that professional’s written report.735 ILCS 5/2-622(a)(1), as quoted in Owens v. Riverside Medical Center (Ill. App. 2020) |
|---|---|
| Damages caps | None. The noneconomic caps for medical cases were held unconstitutional.Lebron v. Gottlieb Memorial Hospital (Ill. 2010) |
| Jury unanimity | Jurors must agree unanimously that the doctor was negligent, but need not agree on which specific act was negligent.Galich v. Advocate Health (Ill. App. 2024) |
| Deadline to sue | Two years: injury actions “shall be commenced within 2 years next after the cause of action accrued.”735 ILCS 5/13-202, as quoted in Mickiewicz v. Generations at Regency (Ill. App. 2020) |
| Fault rule | You are barred only if your contributory fault is more than 50% of the proximate cause of the injury; otherwise the award is reduced by your share.735 ILCS 5/2-1116, as explained in Gratzle v. Sears, Roebuck (Ill. App. 1993) |