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Understanding Medical Malpractice Cases in Illinois: What You Need to Know if You've Been Injured

  • Vrdolyak Law Group
  • Jul 25
  • 2 min read

Updated: Nov 6

Medical practice equipment

What Is the Statute of Limitations for Medical Malpractice Lawsuits in Illinois?

In Illinois, the statute of limitations for medical malpractice is normally two years. However, this can be extended depending on the circumstances of the case: cases involving fraud

and injury to a minor under 18 years of age have a different limit. There is also a "discovery

rule" and a "statute of repose" that can affect when a case can be brought. Cases against

Government entities such as the Veterans Administration (VA) have special reporting requirements.


How much will I have to pay to file a lawsuit against a doctor or hospital?

Most reputable medical malpractice attorneys accept cases on a contingency basis, which

means that you do not pay anything until the case is settled. If there is no recovery, then

you pay nothing. Once your attorney settles the case or you prevail at trial, by Illinois law,

the attorney gets 1/3 of the award or settlement for their fee, plus the expenses the

attorney paid to litigate the case.


How Much are the Costs to Litigate a Medical Malpractice Case?

There is no average cost as all medical malpractice cases are unique. However, it is not uncommon for medical malpractice cases to cost over $100,000 if they go to trial.


What is my case worth?

There is no way to answer what a case is worth because it depends on the specific circumstances of a case and the information that is obtained during the litigation. Ultimately, what a case is worth is decided by the jury or by the parties when they make a settlement agreement.


Can Any Attorney Handle a Medical Malpractice case?

Handling a medical malpractice case is a highly specialized area of law that requires both a knowledge of medicine and a knowledge of the law. Just as you would not go to any doctor for brain surgery, you should not go to just any lawyer for medical malpractice advice.


Can I get a Quick Settlement for my Medical Malpractice case?

Most likely not, and if you do, you are probably not getting what your case is worth. Most medical malpractice cases do not settle until the eve of trial.  


What can I do if a Loved One has Passed Away and I Suspect Medical Malpractice?

Obtain a private, independent autopsy. It is much more difficult to prove a case if there is no autopsy report as to the cause of death.


If you suspect you or a loved one are the victim of medical malpractice, it's best to consult a qualified attorney. Call the Vrdolyak Law Group at 844-4-VLG-Law.

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