Medical Malpractice:


State: Illinois

Link to State Law: Illinois Compiled Statutes

The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Illinois state law, contact an experienced attorney.

Statute of Limitations: 2 years from the time of discovery but no more than 4 years from the time of injury. For minors, the statute of limitations is 8 years but not after the age of 22. (§735 5/13-212)

Minimum Qualifications of Expert Witnesses: Medical malpractice expert witnesses must be licensed and certified to practice in the same medical specialty as the defendant and over the previous 10 years must have spent 75% of his or her time practicing, teaching, or researching treatment related to the issue at hand. (§735 5/8-2501)

Limitations on Monetary Damages: Punitive damages are not recoverable in medical malpractice cases, but all other limits are unconstitutional. (§735 5/2-1115)

Limitations on Attorney Fees: Limitations on attorney fees are based on a sliding scale. They may not exceed 33 1/3% of the first $150,000, 25% of the next $850,000, and 20% of damages greater than $1,000,000. (§735 5/2-1114)