Medical malpractice in Illinois generally means a patient was harmed because a health care provider's care fell below the accepted standard of care. A poor result alone does not make a claim. Most malpractice lawsuits against physicians, dentists, registered nurses and hospitals must be filed within two years after the patient knew or should have known of the injury, and no more than four years after the act or omission that caused it (735 ILCS 5/13-212), with exceptions. A qualified health professional must also review the case before filing. Call Stavros Law Offices at (847) 520-4810 for a free consultation.

General information, not legal advice. Last reviewed: October 2026.

What Is Medical Malpractice?

Doctors, nurses, dentists, hospitals and other providers are expected to treat patients with the level of skill and care that a reasonably careful provider would use in the same situation. When a provider falls short of that standard and the patient is harmed as a result, the patient may have a malpractice claim. The harm can be a worsened condition, an avoidable surgery, a lasting disability, or a death.

Not every bad outcome is malpractice. Medicine carries risks, and some complications happen even when care is appropriate. A poor result from a procedure does not by itself show that anyone did something wrong. The question is whether the care met the accepted standard and whether a departure from that standard caused the harm. Answering that question usually takes a careful review of the medical records by a qualified health professional.

Common Types of Medical Malpractice Claims

Malpractice claims come in many forms. Whether any of these involve negligence depends on the facts and the records. Examples include:

• Misdiagnosis or delayed diagnosis, such as a condition that was missed, mislabeled, or found too late. See our page on misdiagnosis and delayed diagnosis in Illinois.
• Surgical errors, including wrong-site procedures, retained objects, anesthesia problems, and lack of informed consent. See surgical error malpractice in Illinois.
• Birth injuries, including injuries to a baby or mother during pregnancy, labor and delivery, and conditions such as cerebral palsy when they may be linked to the care provided. See birth injury claims in Illinois.
• Medication errors, such as a wrong drug or dose, a missed allergy or dangerous interaction, or a failure to monitor a patient on a high-risk medication.
• Emergency room errors, including failure to order appropriate tests or to act on abnormal results.
• Radiology and lab errors, such as a misread scan or a result that was never followed up.
• Anesthesia errors, including dosing, monitoring and airway problems.
• Failure to monitor or to act on warning signs, including hospital-acquired infections and pressure injuries (bedsores) that were not prevented or treated when they should have been.
• Dental malpractice, including improper extractions, nerve injuries and missed infections.
• Pregnancy-related care, such as missed signs of complications.
• Failure to obtain informed consent, where a patient was not told the material risks of a procedure.

If a patient died, the family may have a separate claim under the Wrongful Death Act. See our page on wrongful death claims in Illinois. Neglect in a long-term care facility is covered on our elder abuse and nursing home neglect page.

What Has to Be Shown in a Malpractice Case

In general, a malpractice claim involves four building blocks:

• A provider-patient relationship, meaning the provider owed the patient a duty of care.
• A departure from the standard of care, meaning what a reasonably careful provider would have done in the same circumstances.
• Causation, meaning the departure actually caused or worsened the harm, rather than the underlying illness or a known risk.
• Damages, such as additional medical care, lost income, pain and suffering, or loss of a loved one.

Questions about the standard of care and causation are medical questions. In practice they are usually addressed through the opinions of qualified health professionals who review the chart, the imaging and the treatment timeline. Several reviewers may be needed when more than one specialty or more than one provider is involved.

Illinois Deadlines for Medical Malpractice Claims

Malpractice claims have their own filing rules, found mainly in 735 ILCS 5/13-212. In summary:

• Two years from knowledge. An action against a licensed physician, dentist, registered nurse or hospital arising out of patient care generally cannot be brought more than two years after the date the claimant knew, or through reasonable diligence should have known, or received written notice of the injury or death, whichever date comes first.
• Four-year outer limit. In no event may the action be brought more than four years after the act or omission alleged to have caused the injury or death. This outer limit is called a statute of repose.
• Minors. If the patient was under 18 when the claim accrued, the statute allows up to eight years after the act or omission, but never after the person's 22nd birthday.
• Other legal disability. If the patient was under a legal disability other than being under 18 when the claim accrued, the period does not start until the disability is removed. Different rules apply if a disability begins later, and the four-year outer limit is not changed by that later-disability rule.
• Fraudulent concealment. If a person liable fraudulently conceals the cause of action from the patient, 735 ILCS 5/13-215 allows an action within five years after the patient discovers it. Proving concealment is not simple, and this should not be relied on as a plan.

The deadline for a claim against a local public entity can differ (see 745 ILCS 10/8-101). Wrongful death claims have their own statute. Do not guess: our page on medical malpractice deadlines in Illinois goes into more detail, and our general guide covers the Illinois personal injury statute of limitations. Bring your dates to a consultation so an attorney can look at which rule may apply.

The Health Professional's Report Requirement (Section 2-622)

Illinois requires something extra before a malpractice case can go forward. Under 735 ILCS 5/2-622, a plaintiff who seeks damages for injury or death from medical, hospital or other healing art malpractice must attach an affidavit to the complaint. Generally the affidavit states that the attorney (or the plaintiff, if representing themselves) has consulted with a qualified health professional, and that the reviewer concluded in a written report, after reviewing the medical records and other relevant material, that there is a reasonable and meritorious cause for filing the action. A copy of the report must be attached.

Key points of the statute:

• Who the reviewer is. The reviewer must be knowledgeable in the issues and must practice or have practiced, or teach or have taught, within the last six years in the same area of health care or medicine at issue. For some defendants, such as dentists, podiatric physicians and psychologists, the report must come from a professional licensed in the same profession; for other defendants it must come from a physician licensed to practice medicine in all its branches.
• One report per defendant. A separate certificate and report is required for each defendant named in the complaint, including defendants added later.
• Limited timing exceptions. If the statute of limitations would impair the action and the consultation could not be obtained in time, or if requested records were not produced within 60 days, the statute allows the report to be filed later (within 90 days), under specific conditions.
• Consequences. Failure to file the required certificate is grounds for dismissal under Section 2-619.

This is a procedural requirement. It does not mean a case will succeed; it means a qualified health professional must have found a reasonable and meritorious basis before the lawsuit is filed. It also takes time to arrange, which is another reason not to wait. For a walk through the full sequence, see how a medical malpractice lawsuit works in Illinois.

How a Malpractice Claim Usually Moves Forward

Every case is different, but many follow a similar path:

1. Free consultation to hear what happened and review key dates.
2. Collecting medical records from every provider involved.
3. Review by a qualified health professional of the records and treatment timeline.
4. Preparing the complaint, the affidavit and the report and filing within the applicable deadline.
5. Discovery, in which both sides exchange documents and take depositions.
6. Settlement discussions or mediation, and if the case does not resolve, trial.

Many steps take months. We do not predict how long a particular case will take or how it will end.

Getting Your Medical Records

Under 735 ILCS 5/8-2001, health care facilities and practitioners must, on a written request, let a patient (or an authorized attorney, or a person with a valid signed authorization) examine and copy the patient's records. The statute calls for the request to be satisfied within 30 days, or, if more time is needed, a written explanation within 30 days and delivery in any event no later than 60 days after the request. Reasonable copying charges may apply. Request records in writing and keep a copy of your request.

What to Do If You Think You Were Harmed

• Get any medical care you need now. Your health comes first, and a new provider can help stabilize and document your condition.
• Write down what happened while it is fresh: dates, names, symptoms, what you were told, and what you were not told.
• Keep paperwork, including discharge papers, prescriptions, bills, test results and insurance letters.
• Request your records in writing from each provider.
• Be careful with social media and with signing documents you do not understand, including releases.
• Note your dates and call promptly. The deadlines above run whether or not you have gathered everything.

Medical Malpractice Resource

These pages cover specific malpractice topics in more detail:

• Medical malpractice statute of limitations in Illinois
• How a medical malpractice lawsuit works in Illinois
• Misdiagnosis and delayed diagnosis
• Surgical error malpractice
• Birth injury claims

Related pages: personal injury, wrongful death, elder abuse and nursing home neglect, and the Illinois personal injury statute of limitations.

Frequently Asked Questions

What is medical malpractice in Illinois?

Medical malpractice generally means a patient was harmed because a health care provider's care fell below the accepted standard of care. A bad outcome alone is not enough. The care must have departed from the standard, and that departure must have caused the harm.

How long do I have to file a medical malpractice lawsuit in Illinois?

Under 735 ILCS 5/13-212, an action against a licensed physician, dentist, registered nurse or hospital generally cannot be brought more than two years after the claimant knew or should have known of the injury or death, and in no event more than four years after the act or omission. Minors, other legal disabilities and fraudulent concealment have separate rules. Talk with an attorney promptly about your dates.

Does a bad result mean I have a malpractice claim?

Not necessarily. Complications can happen even when care is appropriate. A claim depends on whether the care fell below the accepted standard and whether that caused the harm, which usually takes a records review by a qualified health professional.

What is the health professional's report in an Illinois malpractice case?

Under 735 ILCS 5/2-622, the complaint must be accompanied by an affidavit saying a qualified health professional reviewed the case and, in a written report, found a reasonable and meritorious cause for filing. A copy of the report is attached. A separate report is required for each defendant. It is a procedural requirement, not a promise that a case will succeed.

Do I need a doctor to review my case before I sue?

Illinois law requires a review by a qualified health professional before a malpractice complaint is filed, with limited timing exceptions in 735 ILCS 5/2-622. Reviewing records and arranging that review are part of evaluating whether a claim is viable.

Can I get a copy of my medical records?

Yes. Under 735 ILCS 5/8-2001, a patient or an authorized attorney can request records in writing from a health care facility or practitioner. The statute calls for a response within 30 days, or a written explanation of the delay within 30 days and production no later than 60 days. Reasonable copying charges may apply.

What if my family member died after medical care?

A wrongful death claim has its own statute and deadline, and the person bringing it must be the personal representative. Do not assume the deadline matches the one for an injury claim. Contact an attorney promptly to review the dates.

Is the first consultation free?

Yes. Stavros Law Offices offers a free consultation. Call (847) 520-4810 and bring your dates and any records you have.

Talk to Our Team

Stavros Law Offices is one team handling criminal defense and DUI, personal injury and civil litigation. If you or a family member may have been harmed by medical care, call (847) 520-4810 or request a free consultation online. Bring your dates and any records you have. Our bilingual staff can assist. Se habla español.

Stavros Law Offices
433 N. Milwaukee Ave, Wheeling, IL 60090
(847) 520-4810
Monday–Friday 9–5; closed Saturday
Serving clients in Cook, Lake, McHenry, Kane and DuPage Counties.

General information, not legal advice; no attorney-client relationship until engaged; past results do not guarantee a similar outcome. Laws and deadlines change and every case is different. Last reviewed: October 2026.

Cerebral palsy and birth injury claims