The Cost of Care: Exploring Medical Malpractice Claims and Payouts in Chicago

Medical malpractice has a curious history. At the founding of the United States, lawsuits claiming medical malpractice were almost nonexistent. When a rare case did appear, it usually focused on professional ethics violations or involved the death of a patient.

The first Illinois Supreme Court case to deal with medical malpractice was Ritchey v. West, decided in 1860. When Keziah West broke her wrist, Dr. Powers Ritchey examined it, then promised to visit the next day to set the bone. He never showed up, and West’s wrist was permanently deformed. 

The state Supreme Court held that Dr. Ritchey failed to exercise the care, diligence, and skill an ordinary professional would in his position. The case set a standard for medical care against which patients could measure their doctors’ efforts. Today, thousands of medical malpractice claims are filed in the United States each year. Here, we take a deep dive into the numbers. 

How Many Medical Malpractice Claims Are Filed in Illinois? 

The Illinois Courts website estimates that 6,400 medical malpractice claims are filed in Illinois each year. Yet recent data from medical malpractice insurance companies sets the number much lower. 

In 2023, for instance, medical malpractice insurer Indigo Insurance Services recorded 470 medical malpractice lawsuits in Illinois. MedPli recorded only 325.

Insurance companies agree on some facts, however. For instance, most insurers note that Illinois ranks in the top five US states for medical malpractice claims. Chicago has higher claim rates than the rest of the state, likely due to its concentrated population and high number of medical facilities, including Northwestern Memorial Hospital, UChicago Medicine, and Rush University Medical Center. 

What is a Medical Malpractice Claim Worth?

In 2025, the Illinois Department of Insurance estimated that Illinois medical malpractice insurers paid out just under half of the money they collected in premiums. These payments went to compensate those injured by medical negligence. Business expenses, taxes and fees, and other costs were calculated separately.

• Indigo Insurance Services ranked Illinois fifth in medical malpractice claim payouts in 2023, with $315.2 million in total paid to injured patients. 
• In 2024, MedPli estimates that $327.4 million was spent to cover the costs of medical negligence-related damage in Illinois. 
• MedPli further estimates that the average medical malpractice payment from 2015 to 2024 is nearly $700,000. 
• At least one study estimates that this number is the highest average in the United States. It’s significantly higher than some neighboring states. Indiana, for example, averages $318,740. 

The “average” number hides certain facts about medical malpractice claims. Some cases, such as severe birth injuries resulting in a need for lifelong intensive medical care, result in multimillion-dollar compensation for families who must pay for their decades of medical assistance for their child. Other cases result in lower compensation. 

Determining exactly how much a medical malpractice claim is worth is a focused process. It requires an understanding of the affected person, their injuries and medical needs, and how the harm will affect the rest of their life, including their career, hobbies, family life, and the plans they made for their future. 

How Does Illinois Handle Damage Caps? 

Some states “cap,” or limit, non-economic damages in medical malpractice claims. Neighboring Michigan even has two caps: one for specifically named catastrophic injuries and the other for injury types. 

These caps focus on non-economic losses, such as physical pain and suffering. They typically do not affect an injured person’s ability to recover damages for financial costs like medical bills, lost wages, and future medical care.

• Illinois has no caps on medical malpractice damages. In 2010, the Illinois Supreme Court ruled in Lebron v. Gottlieb Memorial Hospital that limits on non-economic damages violated the state’s Constitution.
• When there is no cap on non-economic damages, injured patients and their attorneys have the space to demonstrate the full impact of an injury on a person’s life, and to win compensation for the full impact of that injury. 

However, proponents of caps say they’re essential to manage costs. One study cited by the American Medical Association (AMA) found that medical malpractice insurance costs dropped by 6 to 13 percent in states with caps.

Contact Our Top-Rated Chicago Medical Malpractice Attorneys Today

In states that eliminated their caps, like Illinois and Georgia, insurance premiums rose as much as 23 percent. Doctors weighing where to set up a medical practice often include the cost of insurance in their calculations. 

The team at Briskman, Briskman & Greenberg can help. Contact our top-rated medical malpractice attorneys at (877) 595-4878.

Every medical malpractice case is unique. Your injuries are unique to you, as are their effects on your specific life, career, plans, and hobbies. To understand how Illinois law applies to your situation, speak to an experienced team of Chicago area medical malpractice attorneys today.