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Statute of Limitations

Any action for personal injury or death against a physician or hospital must be filed within two years from the date the claimant knew or reasonably should have known of the injury

Comparative or contributory negligence

Illinois has a form of modified comparative negligence. Under this doctrine, a claimant's action is barred only if his contributory fault is more than 50 percent of the proximate cause of the injury or damage for which recovery is sought.

Nature of accused's liability

Defendants in any medical malpractice action based upon negligence are jointly and severally liable for all damages

Law of contribution

A tortfeasor who pays more than his share of a common liability, as measured by relative culpability, has a right of contribution against the other tortfeasors, with the exception of those who have settled.

Expert testimony standards

Expert testimony is necessary

Limits on compensation

No cap on compensation, but punitive charges are not allowed.

Limits on attorney fees

contingent fee in a medical malpractice case is limited to (a) 33 1/3 percent of the first $150,000 recovered, (b) 25 percent of the next $850,000 recovered, and (c) 20 percent of any amount over $1,000,000.

Collateral Source rule enforced

Illinois has a modified collateral source rule applicable to medical malpractice cases only. If the defendant applies within 30 days after judgment, the award will be reduced by the following amounts: (a) 50% of the lost wages or disability income paid or payable to the claimant in relation to the injury by a third party; (b) 100% of the medical, hospital, and nursing charges paid or payable to the claimant in relation to the injury by a third party

State and local health care providers immune from liabaility

Illinois only has state immunity in certain cases; local public entities are not liable for punitive claims; the actions of doctors are not covered by immunity. Misdiagnosis is covered by immunity but not wrongful prescription.

Select Your State

Select Your State

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Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability