Medical Malpractice Lawsuit in Illinois

Statute of Limitations: Illinois requires medical malpractice claims to be filed within 2 years of the date the claimant knew or reasonably should have known of the injury, subject to an absolute 4-year statute of repose from the date of the negligent act. For minors under 18, the SoL is tolled until age 18, but the 4-year repose still applies (except for minors under 8, who have until age 8). 735 ILCS 5/13-212 governs.

Non-Economic Damages Cap: Illinois had a $500,000 cap on non-economic damages against physicians and a $1 million cap against hospitals, but the Illinois Supreme Court struck these caps as unconstitutional in Lebron v. Gottlieb Memorial Hospital (2010). Illinois currently has no cap on non-economic damages in medical malpractice cases. Cook County (Chicago) juries have historically returned high verdicts.

Pre-Suit Requirements: Illinois requires a Certificate of Merit (Section 2-622 of the Code of Civil Procedure). The plaintiff must attach a certificate from a licensed healthcare professional attesting — after review of records — that there is a reasonable and meritorious cause for filing. The certificate must include a written report from the reviewing professional. Failure to file results in dismissal without prejudice.

Venue: Illinois medical malpractice cases are filed in the Circuit Court of the county where the alleged negligence occurred, where the defendant resides, or where the defendant's principal place of business is located. Cook County Circuit Court handles the largest volume of medical malpractice cases. Venue transfer for forum non conveniens is governed by 735 ILCS 5/2-104.