In Illinois, there are no statutory caps on damages.
Although Illinois has laws limiting statutory damages on medical malpractice cases, the Supreme Court ruled these laws unconstitutional.
There are currently no statutory caps on medical malpractice lawsuits in effect in the state.
The Illinois statute of limitations states that a patient has two years from the date of injury, or should have known of the injury, to file a lawsuit.
Additionally, no patient is allowed to file a lawsuit more than four years after the medical malpractice act has occurred, no matter the circumstances.
However, there is one special circumstance if the patient was under the age of 18 at the time of the accident.
In that case, the patient has up to eight years after the incident occurred to file a lawsuit, as long as it is filed before the patient’s 22nd birthday.
If the medical malpractice results in a patient’s death, the family of the deceased individual has two years from the date of death to file a lawsuit.
Illinois also follows the modified comparative negligence rule, which essentially states that if an individual is more than 50% at fault for the error, they are not permitted to pursue a medical malpractice lawsuit.
If the individual is less than 50% responsible, they can pursue a claim, but “the financial recovery is reduced in proportion to the claimant’s percentage of fault.”
Medical malpractice remains a major issue in Illinois. Incidents of reported medical malpractice have remained relatively frequent for the last two decades, despite efforts to reduce medical malpractice across the state.
The legal issues associated with medical malpractice claims can be extensive and complex.
It is in the best interest of the injured individual to hire a medical malpractice attorney Edwardsville to handle all future legal matters on their behalf.
