Medical malpractice in Illinois
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Provider-patient relationship
The defendant undertook to treat the patient.
2
Standard of care
What a reasonably careful similar provider would have done under similar circumstances.
3
Breach
The care fell below that standard.
4
Causation and injury
The breach more likely than not caused a compensable injury, not merely a bad outcome.
Burden of proof
Preponderance of the evidence, usually with expert testimony on the standard of care.
A Illinois fact pattern
Medical malpractice in illinois.
Statute of limitations
2 years
735 ILCS 5/13-212
Two years from when the claimant knew or reasonably should have known of the injury.
Repose: 4 years.
- Four-year repose from the act in most adult files. Minors have a longer outer wall, not past age 22 in the usual case.
- A report under 735 ILCS 5/2-622 is a filing requirement, not extra years.