Medical treatment does not always lead to the desired outcome. However, a poor result alone does not automatically mean malpractice occurred. Under Illinois law, a patient must meet specific legal requirements when proving medical malpractice Illinois courts recognize.
Medical malpractice claims are complex and heavily regulated. They require expert review, strict compliance with statutory deadlines, and detailed evidence establishing that a healthcare provider deviated from accepted medical standards.
Below is a comprehensive overview of what must be proven in an Illinois medical malpractice case and how these claims are evaluated.
For a broader overview of malpractice claims, visit:
Medical Malpractice Attorney.
The Four Elements of Medical Malpractice
To succeed in a malpractice lawsuit, a plaintiff must prove four essential elements.
1. Duty
A doctor-patient relationship must exist. Once a healthcare provider agrees to treat a patient, a legal duty of care arises.
2. Breach
The provider must have failed to meet the accepted standard of care. This means the provider’s conduct fell below what a reasonably competent professional would have done under similar circumstances.
3. Causation
The breach must have directly caused the patient’s injury. It is not enough to show that the provider made an error — the error must have resulted in measurable harm.
4. Damages
The patient must have suffered measurable damages, such as medical expenses, lost income, or pain and suffering.
The Standard of Care Explained
The “standard of care” refers to the level of skill, knowledge, and care that a reasonably qualified healthcare provider would use under similar circumstances.
This standard may vary depending on:
- The medical specialty involved
- The patient’s condition
- The clinical setting
If a provider’s conduct falls below this standard and causes injury, malpractice may be established.
For examples of malpractice scenarios, see:
Surgical Errors and Medical Malpractice in Illinois
And:
Misdiagnosis and Delayed Diagnosis in Illinois
The Role of Expert Witnesses
Expert testimony is central to medical malpractice cases. A qualified medical expert must:
- Explain the applicable standard of care
- Identify how the provider deviated from that standard
- Demonstrate how the deviation caused the patient’s injuries
Without expert testimony, a malpractice claim will generally fail.
Certificate of Merit Requirement (735 ILCS 5/2-622)
Illinois law requires a certificate of merit in medical malpractice cases under 735 ILCS 5/2-622.
Before filing suit, the attorney must:
- Consult with a qualified healthcare professional
- Obtain a written report stating there is a reasonable and meritorious basis for the claim
Failure to comply with this requirement may result in dismissal of the case.
Types of Evidence in Medical Malpractice Cases
Medical Records
Hospital charts, diagnostic reports, surgical notes, and physician documentation are central to evaluating care.
Expert Reports
Experts review records and provide opinions regarding standard of care and causation.
Depositions
Sworn testimony from doctors, nurses, and other witnesses helps clarify what occurred.
Imaging and Test Results
Radiology studies and lab reports may demonstrate diagnostic errors.
Common Defenses in Medical Malpractice Cases
No Breach of Standard of Care
The defense may argue that the provider acted within the accepted standard of care.
Pre-Existing Conditions
Defendants may claim the patient’s injuries were caused by pre-existing health issues rather than the provider’s conduct.
Informed Consent
If the patient was fully informed of the risks and consented to the procedure, this may limit the provider’s liability.
Res Ipsa Loquitur
In some cases, the doctrine of res ipsa loquitur may apply, meaning “the thing speaks for itself.”
This doctrine may apply when:
- The injury would not ordinarily occur without negligence
- The instrumentality causing harm was under the defendant’s control
- The patient did not contribute to the injury
An example might include leaving a surgical instrument inside a patient.
Statute of Limitations and Statute of Repose (735 ILCS 5/13-212)
Two-Year Discovery Rule
Under 735 ILCS 5/13-212, most medical malpractice claims must be filed within two years from the date the patient knew or reasonably should have known of the injury.
Four-Year Statute of Repose
In general, no malpractice claim may be filed more than four years after the date of the alleged negligent act, regardless of discovery, subject to limited exceptions.
These deadlines are strict and must be carefully evaluated.
Building a Strong Medical Malpractice Case
Successfully proving medical malpractice requires:
- Prompt preservation of medical records
- Early consultation with qualified medical experts
- Strict compliance with certificate of merit requirements
- Thorough investigation of all relevant facts
Damages Available
Victims may recover:
- Medical expenses (past and future)
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Disfigurement
- Loss of normal life
Frequently Asked Questions
Is a bad medical outcome automatically malpractice?
No. The provider must have deviated from the accepted standard of care and caused harm.
Do I need expert testimony?
Yes, expert testimony is generally required to establish standard of care and causation.
What is a certificate of merit?
It is a written report from a qualified medical professional confirming that the claim has a reasonable basis under 735 ILCS 5/2-622.
How long do I have to file a malpractice claim?
Generally two years from discovery of the injury, but no more than four years from the alleged negligent act, subject to limited exceptions.
Contact Parker & Parker Attorneys at Law
Successfully proving medical malpractice Illinois law recognizes requires careful investigation and strict adherence to procedural rules.
Parker & Parker Attorneys at Law represents patients and families throughout Peoria and Central Illinois in medical malpractice claims.
Learn more on our Medical Malpractice Attorney page.
Parker & Parker Attorneys at Law
300 NE Perry Ave
Peoria, IL 61603
Phone: 309-673-0069
Contact us today to discuss your case.