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Peoria Medical Malpractice Lawyer
When you trust a doctor, nurse, or hospital with your health, you expect them to do their job right. Most of the time, they do. But sometimes, a medical provider makes a serious mistake that causes real harm. If that happened to you or someone you love, you may have a medical malpractice claim under Illinois law. At Briskman Briskman & Greenberg, we help injured patients and families in the Chicago area, including those dealing with incidents connected to Peoria-area care, understand their rights and take action. Read on to learn what Illinois law says about medical malpractice and how we can help you.
Table of Contents
- What Is Medical Malpractice Under Illinois Law?
- Illinois Law Requirements Before You Can File a Claim
- The Illinois Statute of Limitations: Do Not Wait Too Long
- What Damages Can You Recover in an Illinois Medical Malpractice Case?
- How Comparative Fault Rules Affect Your Case
- Why Choose Briskman Briskman & Greenberg for Your Medical Malpractice Case?
- FAQs About Peoria Medical Malpractice
What Is Medical Malpractice Under Illinois Law?
Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, and that failure causes harm to a patient. It sounds simple, but proving it takes real work. Illinois law requires you to show four things: that a doctor-patient relationship existed, that the provider failed to meet the standard of care, that the failure caused your injury, and that you suffered real damages as a result.
What kinds of errors count? The list is long. Misdiagnosis and delayed diagnosis are among the most common. So are surgical errors, medication mistakes, birth injuries, and failures to order the right tests. Approximately 3% to 15% of procedures will involve at least one avoidable error, with medication errors being the most frequently reported type of medical error. That may sound like a small percentage, but when you consider the volume of medical procedures performed every year, the numbers add up fast.
Think about the hospitals near Chicago’s Loop, or facilities along the I-55 corridor connecting Chicago to Peoria. Patients travel between these regions regularly for specialized care. When something goes wrong at any point in that care, Illinois law gives you the right to hold the responsible party accountable. Whether your treatment happened near Millennium Park or at a facility hours away, the same state laws apply.
A Chicago medical malpractice attorney at Briskman Briskman & Greenberg can review the facts of your case, help you understand what happened, and tell you honestly whether you have a claim worth pursuing. We believe every patient deserves straight answers.
Illinois Law Requirements Before You Can File a Claim
Illinois has specific rules you must follow before your medical malpractice lawsuit can move forward. One of the most important is the Certificate of Merit requirement under 735 ILCS 5/2-622. This law requires you to file an affidavit alongside your medical malpractice complaint. That affidavit must state that a qualified healthcare professional has reviewed your case and found a reasonable and meritorious basis to file the lawsuit.
The reviewing professional must meet strict standards. Under 735 ILCS 5/2-622, the health professional must be knowledgeable in the relevant issues involved in the case, must practice, have practiced, teach, or have taught within the last six years in the same area of healthcare or medicine at issue, and must be qualified by experience or demonstrated competence in the subject of the case. That expert must also provide a written report supporting the claim.
Why does this matter to you? Because if you file without a proper affidavit, your case can be dismissed. If the affidavit or report is missing, or if it does not meet the statutory requirements, the court can dismiss the case outright. Starting over wastes time, and time is something you cannot afford to lose in a medical malpractice case.
Our team at Briskman Briskman & Greenberg works with qualified medical professionals who can review your records and provide the necessary support for your claim. We handle this process carefully so that your case starts on solid ground. If you are wondering whether your situation qualifies, reach out to our medical malpractice attorneys for a free consultation.
The Illinois Statute of Limitations: Do Not Wait Too Long
Time limits in medical malpractice cases are strict, and missing them can end your case before it starts. Under 735 ILCS 5/13-212(a), you generally have two years to file a medical malpractice lawsuit from the date you knew, or reasonably should have known, about your injury. But the law also sets a hard outer deadline: in Illinois, no action can be brought more than four years after the date the malpractice actually occurred, regardless of when you discovered it.
What if you were a minor when the malpractice happened? Illinois gives you more time. Under 735 ILCS 5/13-212(b), if you were under 18 when the malpractice occurred, you have up to eight years to file, but in no event may the case be brought after your 22nd birthday. Under 735 ILCS 5/13-212(b), minors have up to eight years to file suit, but no later than their 22nd birthday. This longer statute ensures that children and people with a legal disability still have access to justice after suffering from medical malpractice.
There are also special rules for people under a legal disability at the time the malpractice occurred. Under 735 ILCS 5/13-212(c), the limitations period does not begin to run until the disability is removed. And if a person becomes disabled after the cause of action accrues, the period is stayed until the disability is removed, per 735 ILCS 5/13-212(d).
The clock does not care about your recovery. It keeps running whether you feel ready to act or not. If you received care at a hospital near Chicago’s medical district, or traveled to a Peoria-area facility and something went wrong, contact a medical malpractice lawyer as soon as possible. Briskman Briskman & Greenberg can help you understand exactly how much time you have left.
What Damages Can You Recover in an Illinois Medical Malpractice Case?
If you win a medical malpractice case in Illinois, what can you actually recover? The answer depends on your specific situation, but Illinois law allows for both economic and non-economic damages. Economic damages include things you can put a dollar figure on: past and future medical bills, lost wages, and the cost of ongoing care. Non-economic damages cover pain and suffering, emotional distress, and loss of quality of life.
Here is something important: in 2010, the Illinois Supreme Court ruled that the damage cap law was unconstitutional. That means Illinois does not cap what you can recover in a medical malpractice case. Illinois is one of the states that does not cap medical malpractice payments, so there is no limit on how much an injured victim can recover in damages. That is a significant advantage for injured patients in Illinois compared to many other states.
Under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. If a defendant’s fault is 25% or greater of the total fault, they are jointly and severally liable for all other damages as well. This matters when multiple providers share responsibility for your injury.
If a loved one died because of medical negligence, Illinois’ Wrongful Death Act (740 ILCS 180/1) also allows the family to pursue a claim. The damages can include compensation for grief, sorrow, and mental suffering, as well as pecuniary losses. The average medical malpractice payment in Illinois for 2024 was $672,743. Serious cases can result in far larger awards. Our medical malpractice lawyers can help you understand what your case may be worth.
How Comparative Fault Rules Affect Your Case
You may be worried that a hospital or doctor will try to blame you for your own injury. This is a common defense tactic in Illinois medical malpractice cases. Under Illinois’ modified comparative negligence rule (735 ILCS 5/2-1116), your damages are reduced in proportion to your share of fault. But here is the key: you are only completely barred from recovering if your own fault is more than 50% of the cause of your injury.
So if a jury finds you were 20% at fault for your injury, your damages are reduced by 20%. You can still recover the remaining 80%. This rule protects patients who may have contributed in some small way to what happened, while still holding negligent providers accountable. The defense will often try to inflate your share of fault to reduce their client’s liability. That is exactly why having a skilled legal team matters.
Medication errors are a good example of how fault can get complicated. A patient may not have disclosed all their medications, but the doctor may have also failed to review the chart properly. Medical mistakes are the third leading cause of death in the United States, with approximately 795,000 Americans dying or becoming permanently disabled due to misdiagnosis each year. These situations require careful investigation to determine who truly bears responsibility.
Our team at Briskman Briskman & Greenberg digs into the details of every case. We work to show that the provider’s negligence, not anything you did, caused your harm. Whether your case involves a facility near Chicago’s Magnificent Mile or a hospital along the Illinois River corridor, we are ready to fight for the compensation you deserve. Learn more about common errors by visiting our page on medical malpractice attorneys who handle medication error claims.
Why Choose Briskman Briskman & Greenberg for Your Medical Malpractice Case?
Medical malpractice cases are among the most demanding cases in all of personal injury law. They require a deep understanding of both medicine and Illinois law. They also require the resources to hire qualified medical experts, gather records, and take cases all the way through trial if necessary. At Briskman Briskman & Greenberg, we have been standing up for injured people in Chicago and throughout Illinois for years.
We serve clients throughout the Chicago area, from neighborhoods like Wicker Park and Hyde Park to communities along the expressways that connect the city to Peoria. If you were harmed by a healthcare provider anywhere in Illinois, we want to hear your story. We handle medical malpractice cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you.
Our firm is known for taking on difficult cases and seeing them through. We work with top medical experts, build strong cases backed by evidence, and fight hard for our clients at every stage of the process. The average time to settle or try a medical malpractice case in Illinois is 3.5 years. That is a long road, and you need a team that will be with you every step of the way.
If you or a family member suffered harm because of a medical provider’s negligence, do not wait. Contact Briskman Briskman & Greenberg today for a free, no-obligation consultation. As your trusted Chicago personal injury lawyer, we will review your case, answer your questions, and help you understand your options. You have rights under Illinois law, and we are here to help you use them.
FAQs About Peoria Medical Malpractice
What is the deadline to file a medical malpractice lawsuit in Illinois?
Under 735 ILCS 5/13-212(a), you generally have two years from the date you knew or should have known about your injury to file a medical malpractice lawsuit. However, no lawsuit can be filed more than four years after the date the malpractice actually occurred. For minors, the law allows up to eight years from the date of the malpractice, but no later than the person’s 22nd birthday. If you are unsure how much time you have, contact Briskman Briskman & Greenberg right away. Waiting too long can permanently bar your claim.
Does Illinois limit how much money I can recover in a medical malpractice case?
No. Illinois does not cap damages in medical malpractice cases. The Illinois Supreme Court struck down the state’s damage cap as unconstitutional in 2010, in the case of Lebron v. Gottlieb Memorial Hospital. This means there is no legal ceiling on what you can recover for medical bills, lost wages, pain and suffering, or other losses. The value of your case depends on the severity of your injury, the strength of the evidence, and the skill of your legal team.
What is a Certificate of Merit and why do I need one?
Under 735 ILCS 5/2-622, Illinois requires you to file an affidavit with your medical malpractice complaint. This affidavit states that a qualified healthcare professional has reviewed your case and found a reasonable and meritorious basis for the lawsuit. That professional must practice or have practiced within the last six years in the same area of medicine at issue in your case. Without this affidavit, the court can dismiss your case. Briskman Briskman & Greenberg handles this requirement as part of building your case from the start.
Can I still recover damages if I was partly at fault for my injury?
Yes, in most situations. Under Illinois’ modified comparative negligence law (735 ILCS 5/2-1116), you can still recover damages as long as your share of fault is 50% or less. Your total damages are reduced by your percentage of fault. For example, if you are found 15% at fault, you recover 85% of your total damages. Only if your fault exceeds 50% are you completely barred from recovering. Defense teams often try to shift blame onto patients, so having strong legal representation is critical to protecting your recovery.
What types of medical errors can lead to a malpractice claim in Illinois?
Many types of medical errors can form the basis of a malpractice claim. Common examples include misdiagnosis or delayed diagnosis of conditions like cancer, strokes, or heart attacks, surgical errors, medication mistakes, birth injuries, anesthesia errors, and failures to properly monitor a patient. The key is that the error must fall below the accepted standard of care and must have caused measurable harm. If you are not sure whether what happened to you qualifies, contact Briskman Briskman & Greenberg for a free case review.
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