If a doctor, nurse, or hospital in Illinois made a mistake that hurt you or someone you love, an Illinois medical malpractice lawyer at Mixan Mahony, LLC can review what happened and tell you whether you have a claim. Time matters: most Illinois medical malpractice cases must be filed within 2 years of when you knew or should have known of the injury, and almost never more than 4 years after the care itself. Before filing, Illinois also requires a written report from a qualified health professional. Partners Colleen Mixan Mikaitis and Mackenzie J. Mahony personally oversee every case, and there is no fee unless there is a recovery.
Who We Help in Illinois Medical Malpractice Cases
Medical malpractice means a health care provider fell below the accepted standard of care and that failure caused harm. We represent patients and families in claims involving:
- Medical negligence – careless treatment decisions, poor monitoring, or failure to follow up on abnormal results.
- Birth injuries – delayed C-sections, missed fetal distress, and injuries to mother or baby. See our birth injury and medical negligence page.
- Misdiagnosis and delayed diagnosis – cancer, stroke, heart attack, sepsis, and infections that were missed or diagnosed too late.
- Surgical errors – wrong-site surgery, retained objects, nerve or organ damage, and anesthesia mistakes.
- Medication errors – wrong drug, wrong dose, dangerous interactions, and pharmacy mistakes.
- Emergency room errors – patients sent home too early, missed imaging, and triage delays.
- Nursing-related negligence – missed vital-sign changes, pressure injuries, and falls in hospitals and long-term care. Related: Illinois nursing home neglect claims.
Illinois Medical Malpractice Law: What Every Patient Should Know
Statute of limitations and repose (735 ILCS 5/13-212)
Under 735 ILCS 5/13-212(a), a claim against a physician, dentist, registered nurse, or hospital arising out of patient care generally must be filed within 2 years after you knew, or reasonably should have known, of the injury or death. That is subject to a 4-year outer limit (a “statute of repose”) measured from the act or omission itself. For a patient who was under 18, Section 13-212(b) allows up to 8 years from the act or omission, but never after the person’s 22nd birthday. Other legal disabilities can change these deadlines, so have a lawyer calculate your dates.
Public hospitals are different. Claims against local public entities follow a similar 2-year/4-year rule under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/8-101(b)). Claims against the State of Illinois and certain state university boards, including the Board of Trustees of the University of Illinois, go to the Illinois Court of Claims, which has a 1-year notice requirement (705 ILCS 505/22-1).
Affidavit and health professional report (735 ILCS 5/2-622)
Before filing suit, your attorney must attach an affidavit to the complaint stating that a qualified health professional reviewed the records and concluded in a written report that there is a “reasonable and meritorious cause” for the case. A separate report is required for each defendant. If the limitations deadline is too close to get the review done, the law allows the report to be filed within 90 days after the complaint. Missing this requirement is grounds for dismissal, which is why we start the medical review early.
Joint and several liability (735 ILCS 5/2-1117 and 2-1118)
In most Illinois injury cases, a defendant found less than 25% at fault pays only its own share of non-medical damages (735 ILCS 5/2-1117). Medical malpractice is an exception: under 735 ILCS 5/2-1118, in a medical malpractice action based on negligence, every defendant found liable is jointly and severally liable. In plain terms, each liable defendant can be responsible for the full judgment.
When medical malpractice causes a death (740 ILCS 180)
When negligent care causes a death, the personal representative may bring a claim under the Illinois Wrongful Death Act (740 ILCS 180), which generally must be filed within 2 years after the death. Section 13-212 also applies to death claims arising out of patient care, so both time limits need to be reviewed together right away. Learn more about Illinois wrongful death claims.
Damages caps, punitive damages, and prejudgment interest
Illinois currently has no cap on noneconomic damages, such as pain and suffering, in medical malpractice cases. The Illinois Supreme Court struck down the cap in Lebron v. Gottlieb Memorial Hospital, 237 Ill. 2d 217 (2010). Punitive damages are not available in medical malpractice cases (735 ILCS 5/2-1115). Under 735 ILCS 5/2-1303(c), a plaintiff who obtains a judgment may recover prejudgment interest at 6% per year from the date the case is filed, for up to 5 years. That interest can be reduced or eliminated depending on the defendant’s written settlement offers, and it does not apply against governmental entities.
How Our Medical Malpractice Process Works
- Free, confidential review. We listen, map out your deadlines, and explain your options.
- Records collection. We request complete charts, imaging, nursing notes, and billing records.
- Independent medical review. A qualified health professional evaluates the care, as Section 2-622 requires.
- Filing and discovery. We file in the proper county, take depositions, and retain expert witnesses.
- Resolution or trial. We prepare every case as if it will go to trial, while evaluating any fair settlement offer with you.
What to Bring to Your Consultation
- Names of the doctors, hospitals, and clinics involved, with treatment dates
- Any medical records, discharge papers, or patient portal printouts you have
- Medication lists and pharmacy labels
- Medical bills, insurance statements (EOBs), and records of lost wages
- A short timeline of symptoms and conversations with providers
- For a death claim: the death certificate and any estate papers
Illinois Counties We Serve
From our office at River Point, 444 W. Lake St., Suite 1707, in downtown Chicago, we handle medical malpractice claims in Chicago and Cook County and communities throughout Illinois, including DuPage, Will, Kane, Lake, McHenry, Kendall, Winnebago, Sangamon, Peoria, McLean, and Champaign Counties.
Illinois Medical Malpractice FAQ
How long do I have to file a medical malpractice lawsuit in Illinois?
Generally, 2 years from when you knew or reasonably should have known of the injury, and no more than 4 years from the act or omission (735 ILCS 5/13-212(a)). Different rules can apply to minors, people under a legal disability, and public or state hospitals.
What if the injured patient was a child?
If the patient was under 18, the claim generally must be filed within 8 years of the act or omission, and never after the patient’s 22nd birthday (735 ILCS 5/13-212(b)).
What is a Section 2-622 affidavit?
It is a required filing stating that a qualified health professional reviewed the case and found, in a written report, a reasonable and meritorious cause for the lawsuit. Without it, the case can be dismissed.
Is there a cap on medical malpractice damages in Illinois?
No. The Illinois Supreme Court held the noneconomic damages cap unconstitutional in Lebron v. Gottlieb Memorial Hospital (2010). Punitive damages, however, are not available in medical malpractice cases.
Can I sue if my loved one died after a medical mistake?
Yes. The personal representative may bring a wrongful death claim under 740 ILCS 180, which generally must be filed within 2 years after the death. The medical malpractice time limits in 735 ILCS 5/13-212 also apply.
Will I receive interest on a medical malpractice judgment?
Often, yes. Under 735 ILCS 5/2-1303(c), prejudgment interest of 6% per year runs from the filing date for up to 5 years. It can be reduced by the defendant’s written settlement offers and does not apply to governmental entities.
How much does it cost to hire an Illinois medical malpractice lawyer?
Nothing up front. We work on a contingency basis: there is no fee unless there is a recovery. Illinois law limits contingent fees in medical malpractice cases to one-third of the amount recovered (735 ILCS 5/2-1114).
Talk to an Illinois Medical Malpractice Lawyer Today
Medical injuries change families overnight, and Illinois deadlines are short. Call Mixan Mahony, LLC at (312) 262-3971, any hour, or request a free case review. You can also find our Chicago personal injury law office on Google Maps. There is no fee unless there is a recovery.
This page is for general information and is not legal advice. Contacting us does not create an attorney-client relationship. Past results do not guarantee future outcomes.
Speak With an Illinois Medical Malpractice Lawyer
An Illinois medical malpractice lawyer can review records from any hospital or clinic in the state, identify the deadline that applies, and obtain the health professional report required under 735 ILCS 5/2-622. Partners Colleen Mixan Mikaitis and Mackenzie J. Mahony personally oversee every case. Call (312) 262-3971 any time, 24 hours a day, or contact us online for a free consultation with an Illinois medical malpractice lawyer. For Chicago cases, see our Chicago medical malpractice page. For newborn injuries, see HIE birth injury. No fee unless there is a recovery.
