What Are the Illinois Medical Malpractice Statistics?

Legal Support for Medical Malpractice Victims from Chicago Personal Injury Attorneys

Illinois medical malpractice statistics highlight the significant risks patients face when seeking medical care. 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.

When healthcare providers fail to offer quality care, victims can pursue medical malpractice suits with the help of Chicago medical malpractice attorneys. Our team can help you recover medical expenses, as well as damages for emotional distress and physical pain.

This article offers an in-depth examination of how healthcare errors can lead to suffering and provides statistics for Illinois.

How Common is Medical Malpractice?

An estimated one in three medical care providers will be sued for medical malpractice in their careers. Approximately 3% to 15% of procedures will involve at least one avoidable error, with misdiagnosis being the most common type.

Surgeons are the medical professionals most likely to be sued for malpractice. As many as 90% of surgeons will be sued for medical malpractice at some point in their careers.

Obstetrician-gynecologists (OBGYNs) are the second most likely to be targeted for a medical malpractice lawsuit, with as many as 85% of OBGYNs involved in lawsuits during their careers. Orthopedists and cosmetic surgeons are next in terms of the number of medical malpractice incidents.

Some medical conditions are also more likely to be misdiagnosed. Approximately 75% of medical malpractice occurs in the misdiagnosis of vascular events, infections, and cancer.

As many as one in five American adults will be victims of a medical error at least once in their lifetime. The good news is that medical malpractice seems to be decreasing year over year. However, it’s important to note that this data is based on medical malpractice payouts, which means lower numbers could be due to fewer paid claims.

Common Types of Medical Malpractice

Medical malpractice law encompasses a wide range of healthcare errors, including those committed by primary care physicians, specialty physicians, and pharmaceutical companies. Here are some statistics surrounding the most common medical malpractice lawsuits:

• Diagnostic errors: Misdiagnosis is the most common medical error. Misdiagnosis affects as many as 795,000 people each year. 
• Medication error: Prescription errors are also common in the medical industry, with insulin and morphine being the two medications most frequently associated with prescribing errors.
• Surgical error: Surgical errors account for over 25% of malpractice cases.
• Anesthesia error: Anesthesia errors account for 2.7% of medical malpractice cases.
• Birth injury: This form of medical malpractice occurs when a physician fails to identify fetal distress or improperly delivers a child.It may also be related to maternal harm, such as failing to identify high blood pressure or excessive bleeding. Some of the highest medical malpractice payments have gone to claims involving failure to treat fetal distress during labor and delivery.

Victims of medical malpractice may be subject to other errors, including infection, patient misidentification, delayed diagnosis, and faulty medical devices. Identifying what went wrong during treatment can be challenging, so it is essential to work with a medical malpractice lawyer.

How Common is Medical Malpractice in Illinois?

Medical malpractice isn’t just a leading cause of death and injury in the United States, but also in Illinois. Illinois has over 31,000 registered medical providers in the National Practitioner Data Bank, which includes healthcare professionals with a paid claim.

Studies show that the Midwest has the lowest average malpractice claim payouts. However, Illinois has a higher number of reported cases than the average. In 2024, the state recorded 1,252 adverse action reports and 467 paid medical malpractice claims.

Illinois also ranks fourth for medical malpractice payouts. In 2022, the state paid $222 million in medical malpractice claims. From 2012 to 2022, Illinois paid over 4,200 medical malpractice claims.

Medical Malpractice Fatalities

Medical errors can also lead to a loss of life. Experts estimate that medical mistakes lead to as many as 251,000 deaths each year. In fact, these errors were the third most common cause of death in the United States in 2024. 

In total, it’s estimated that medical malpractice is responsible for as many as 10% of all deaths in the United States. When a doctor fails to provide sufficient and proper care, and the outcome is death, the victim’s family may be eligible for a wrongful death case.

Medical Malpractice Claims Statistics

If you were the victim of a medical or surgical error, you may be wondering what you can expect from your case. 

On average, 74% of medical malpractice claims are against physicians, but any medical care team member involved in a patient’s care can be liable for negligence. In a malpractice payment report for 2012-2022, physicians (MDs) ranked the highest, followed by dentists and osteopathic physicians (DOs), with dental hygienists at the bottom of the list.

However, in 2023, the majority of medical malpractice cases in Illinois involved physicians and registered nurses. There were also a high number of medical malpractice cases filed against practical nurses. Licensed Practical Nurses (LPNs) are responsible for basic medical care, such as changing bandages and completing intake forms. Because they perform so much immediate care with families, they may be more vulnerable to lawsuits.

Male doctors are more likely than females to be involved in malpractice litigation. This could be due to the higher number of male surgeons, a specialty with higher malpractice claim rates.

How Much Is a Medical Malpractice Claim Worth?

A medical malpractice personal injury case can help victims and their families recover damages following an error. While exact payouts and the likelihood of a successful case depend on the severity of the injury and the availability of evidence, here are some statistics on payouts.

As many as 96.9% of medical malpractice cases are settled outside court. Filing and taking a medical malpractice claim to court can be costly for all parties involved, often leading to a high settlement rate.

The average medical malpractice settlement in the United States is $329,565. However, in Illinois, the average payment is around $684,776.

Illinois medical malpractice victims receive more because Illinois is one of the states that do not cap medical malpractice payments. The 2010 Illinois Supreme Court case Lebron v. Gottlieb Memorial Hospitaldetermined that damages caps violated the separation of powers, as it did not allow judges to determine what appropriate medical malpractice payments could be.

A 2023 study found that Cook County had the highest average payout, at $621,642. This could be due to the fact that Cook County is the most populous county in the state and has a large concentration of major hospitals. Hospital systems like UChicago Medicine, Northwestern Memorial Hospital, and Lurie Children’s Hospital of Chicago see thousands of patients every year, meaning these Chicago hospitals may have to make more medical practice payments than smaller hospital systems.

Compensation for a medical malpractice claim can include both economic and non-economic damages. Common damages awarded include medical expenses, lost wages, physical pain and suffering, mental anguish, and loss of enjoyment of life. More serious errors, such as those causing brain damage to a newborn, will receive higher payments.

A wrongful death case will be eligible for these, as well as funeral and burial expenses, loss of companionship, and loss of financial support. In Illinois, over 31% of medical malpractice payments are for death.

The Cost of Medical Malpractice Lawsuits

Medical malpractice laws enable injured victims and their families to pursue compensation for their damages through a personal injury lawsuit. A medical malpractice claim may not reverse the error, but it can provide you with the necessary resources to overcome the damages.

Healthcare errors are expected to cost an estimated $20 billion annually. Between 2014 and 2023, U.S. medical providers paid $39.455 billion in medical malpractice claims. Illinois ranks sixth among states that pay the most for an average medical malpractice settlement, largely due to the absence of a cap on potential damages.

Building a Successful Malpractice Case

A medical malpractice lawyer is vital for further investigation of your claim. Winning a personal injury claim requires proving specific elements, such as establishing a doctor-patient relationship and comparing the patient’s care to what they would receive if they visited a healthcare provider with the same credentials.

We can review your medical records, hospital bills, and other relevant evidence to demonstrate that the defendant failed to adhere to the standards of care for their specialty. Additionally, we’ll obtain impartial reports from other professionals who can assess the potential future medical treatments you may require.

Illinois law requires plaintiffs to provide an affidavit of merit to support their cases. This is a written statement from an impartial medical professional within the same specialty who can attest that the injury was caused by negligence. They will explain the typical standard of care for a case like yours and then demonstrate how the physician’s actions did not match this standard of care.

We are familiar with typical payments for cases like yours and will work to secure maximum compensation from the relevant insurance agency. If necessary, we will build a strong court case and represent you before a judge and jury, explaining how the error has impacted your life.

A Chicago personal injury lawyer can also help report malpractice to the appropriate parties to ensure that proper action is taken. This could include providing additional training to prevent further wrong diagnoses or acquiring more resources to promote better patient safety.

Illinois law requires that all medical negligence cases be filed within two years of when the harm was or should have been discovered. In instances of delayed discovery, such as if you did not realize until later that there was a problem, you have a maximum of four years to file your case. It is crucial that you take action immediately so we can build a strong case.

Consult a Medical Malpractice Lawyer Near You!

Rosenfeld Injury Lawyers have the necessary experience to help you navigate the legal system and get the compensation you deserve following a physician’s error. Our legal team is prepared to take your case to trial if you don’t receive a fair settlement offer, where we’ll fight to ensure solid evidence for better jury verdicts.

Contact us today at (888) 424-5757 or complete our online form to schedule a free consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.