Illinois Medical Malpractice Statute of Limitations

Every medical professional has the duty to provide correct and timely medical care to his or her patients.  When there is negligence on the part of a healthcare professional and a patient is injured because of that negligence, the victim has the right to file a medical malpractice claim.  One element to consider immediately is the statute of limitations laws in each state.  They vary from state to state, but if a lawsuit is not filed within the state statute of limitations, the suit cannot be filed at all.  In Illinois, the state statute of limitations for medical malpractice claims is 2 years, although there are often exceptions by age and type of suit.

Time Limits for Filing a Claim in Illinois

In Illinois, the state statute of limitations for filing medical malpractice lawsuits is generally 2 years from the date the negligent injury occurred.  If, however, the injury was not immediately discovered, a lawsuit must then be filed within 2 years of when it was discovered or reasonably should have been discovered, but not longer than 4 years after the date of the injury.  The statutes of limitations for malpractice actions that result in death are called wrongful death suits, and they must be filed within 2 years of the date of death.  In the case of a minor under 18 years of age, the malpractice claim must be filed within 8 years of the date or before their 22^nd birthday.

Negligence Laws

Illinois has additional requirements in negligence suits, including the protection afforded to doctors and hospitals that their expressions of apology cannot be considered admissions of guilt or allowed into court proceedings.  Illinois also requires that all expert witnesses be licensed in the same medical specialties as the defendant, and that they must have spent at least 75% of their practice in the past 10 years on treatment, teaching, or research relating to the type of treatment under consideration in the court case.  Attorney’s fees are also limited to 33 and 1/3% of the first $150,000 in damages, 25% of the next $850,000, and 20% of any damages over $1 million.  The court may choose to review these fees in any case and increase them at their discretion.  Illinois also mandates that plaintiffs in malpractice suits file a statement affirming that they have conferred with a medical expert in reference to their suit.  Finally, the court may mandate arbitration in cases where the damage claims are less than $50,000.  Additional negligence laws in the state of Illinois are found in the following table:

Award Limits in Illinois

As of February 5th, 2010, the Illinois Supreme Court has found that the cap on non-economic damages is unconstitutional and has been removed. There is now no cap on damages for medical malpractice lawsuits in Illinois.

Non-economic damages in medical malpractice suits in the state of Illinois were limited to $500,000 against an individual defendant or $1 million against a hospital. This cap has since been removed. The state does not allow punitive damages in medical malpractice suits.

Legal Help

There is a great deal of time and expense involved in a medical malpractice suit, not to mention the anguish of reviewing the injuries and suffering on the part of the victim.  Sadly, a case may be lost over one poorly submitted piece of evidence or one improperly filed form.  That is why the proper legal representation can make or break one of these cases.  An experienced attorney can be crucial to the success of negligence cases based on medical malpractice.