Illinois

 Statute of

  Limitations

 Medical Claim Generally:

A medical malpractice claim must be filed within two years of discovery but no more than four years after the relevant negligence [735 ILCS section 5/13-212]

 Minors:

Minors must file their medical malpractice claim within eight years of the negligence or before age 22 [735 ILCS section 5/13-212]

 Wrongful death:

A wrongful death claim must be filed within two years of the date of death [740 ILCS 180/2(d)]

 Damage Caps

The Illinois Supreme Court ruled that it was unconstitutional to cap noneconomic damages [LeBron vs. Gottlieb Memorial Hospital, 2010]

 Attorney Fee Caps

The maximum fee that a medical malpractice attorney can charge is 33 1/3% of the total amount recovered.

 Pre-suit   Requirements

Illinois requires an affidavit of merit attached to the complaint. [735 Section 5/2-622]  

 Expert   Qualifications

Expert witnesses are evaluated based on following standards: (a) Relationship of the medical specialties of the witness to the medical problem or problems and the type of treatment administered in the case;(b) Whether the witness has devoted a substantial portion of his or her time to the practice of medicine, teaching or University based research in relation to the medical care and type of treatment at issue which gave rise to the medical problem of which the plaintiff complains;(c) Whether the witness is licensed in the same profession as the defendant; and(d) Whether, in the case against a nonspecialist, the witness can demonstrate a sufficient familiarity with the standard of care practiced in this State.  [735 ILCS 5/8-2501]

 Negligent Credentialing   Claims

Illinois recognizes the negligent credentialing cause of action [Frigo v. Silvercross Hospital and Medical Center]