Illinois Medical Malpractice Laws

There is no limit on the amount of damages. The statute of limitations is two years from discovery but not more than four years from the incident (for minors, eight years after the incident but not later than age 22). If there was fraud in concealing the incident, then the claim must be made within five years after discovery. There is joint and several liability. Attorney fees may not exceed one-third of the first $150,000, 25% of the next $850,000, and 20% over the amount of $1 million. There is no requirement for an affidavit or certificate of merit. Experts must be qualified by the court.

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