What Counts as Medical Malpractice in Illinois?

 Posted on June 30, 2025 in Medical Malpractice

If you were injured after seeking medical treatment in Illinois and the doctor or facility in charge of your care was negligent, you may have the right to compensation through a medical malpractice claim. Under Illinois law, malpractice occurs when a doctor, hospital, or other licensed medical provider fails to meet the recognized standard of care, and that failure causes a patient harm. While not every bad result is malpractice, an experienced Aurora, IL medical malpractice lawyer can help you understand the legal implications of your injury.

Types of Medical Malpractice Claims in Illinois

Illinois law recognizes several categories of medical malpractice claims, depending on the type of error and the circumstances involved. Some common types include:

• Diagnosis errors: A medical provider fails to correctly diagnose a serious condition, like cancer, stroke, or heart attack, leading to delayed or improper treatment

• Surgical errors: Mistakes during surgery, like causing nerve damage or operating on the wrong body part

• Medication mistakes: Administering the wrong drug or dose, failing to check for allergies, or prescribing medications that dangerously interact with other prescriptions

• Birth injuries: Harm caused to a baby or mother during pregnancy or delivery, such as cerebral palsy, brachial plexus injuries, or oxygen deprivation due to mishandled labor

• Anesthesia mistakes: Administering too much or too little anesthesia, or failing to monitor the patient properly during a procedure

• Failure to obtain informed consent: Proceeding with treatment or surgery without properly informing the patient of known risks, alternatives, or the nature of the procedure

Initiating a Medical Malpractice Case in Illinois

According to 735 ILCS 5/2-622, medical malpractice cases are initiated by a written affidavit, known as the "affidavit of merit," from a qualified medical expert, affirming that the case has merit before a lawsuit can be filed. Illinois law, under 735 ILCS 5/13-212, requires that a malpractice lawsuit be filed within two years from the date the injury was discovered – or should reasonably have been discovered – but no more than four years from the date the malpractice occurred. For minors, the limit extends to eight years but not beyond age 22.

Before starting the claim, you need an experienced attorney to help you build a strong case. Medical malpractice is arguably one of the most difficult types of personal injury cases, and a knowledgeable legal representative will be invaluable to your claim.

Fault in Illinois Medical Malpractice Cases

To prove fault in a medical malpractice case in Illinois, you must establish four key elements: the existence of a professional duty, a breach of that duty, causation, and damages. Essentially, as the person filing the claim or lawsuit, you are responsible for proving the healthcare provider owed you a standard of care and failed to meet it, resulting in your injuries.

Proving a breach of duty is often the most challenging element. It requires showing that the healthcare provider’s actions fell below the accepted standard of care in their profession. Personal injury lawyers like us who have specific experience with medical malpractice cases handle all the evidence and arguments so you can focus on recovering. 

Schedule a Free Consultation With an Aurora, IL Medical Malpractice Attorney

Medical malpractice can result in serious physical, emotional, and financial harm, and the at-fault party should be held accountable. An experienced Kane County, IL medical malpractice lawyer at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can help you build your case with strong evidence and expert testimony. Call 630-907-0909 today to schedule your free consultation and discuss the details of your case.