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What Is the Average Medical Malpractice Settlement In Illinois?

Posted By Legal Team | May 15 2025 | Medical Malpractice

It’s not uncommon for someone to underperform on the job, but doctors are held to a higher standard. Underperformance in the medical field can lead to a patient’s worsened outcome or death. When a doctor/patient relationship has been established, the doctor must meticulously assess the patient, perform appropriate diagnostic tests, accurately interpret the test results, and promptly treat the patient according to the medical industry’s standard of care. When a doctor or other provider fails to adhere to this standard, and the result is a worsened medical condition, the patient may recover compensation for the damages caused through a medical malpractice claim. 

Before beginning the complex legal process and hiring an experienced Chicago medical malpractice attorney, many claimants wonder, “Is a medical malpractice claim worthwhile? What is the average settlement for medical malpractice in Illinois?”

What Is the Average Medical Malpractice Settlement In Illinois?

No two medical malpractice outcomes are the same. The amount recovered depends on several factors, including the severity of the physical injury or worsened outcome, and whether or not the injury victim suffered catastrophic injuries or death.

It’s important to remember that arriving at an average number requires adding a wide array of settlement amounts to find a figure in the middle. With this in mind, the National Practitioner Data Bank (NPDB) that the average payout on a medical malpractice claim settlement in Illinois was $646,921 in 2022.

Medical malpractice data shows that Illinois malpractice insurance paid $2.336 billion for 3,809 claims between 2014 and 2023. Further, 15% of medical malpractice settlements in Illinois averaged $995,000 during that time period. The same database reveals payouts on 338 medical malpractice claims in Illinois between January 1, 2024, and September 30, 2024, totaling $212.19 million.

Liability In Medical Malpractice Claims

The injury victim must prove the at-fault doctor’s liability to successfully obtain a settlement from a medical provider’s malpractice insurance. This requires substantial evidence showing that the provider’s actions meet the following legal standards of medical malpractice liability:

  • A doctor/patient relationship existed at the time the malpractice occurred
  • The provider owed a duty to treat the injury victim at the level of care accepted by the medical community
  • They breached this duty through negligence
  • The breach of duty caused the injury
  • The injury victim suffered damages from the injury

Common examples of negligence in medical malpractice cases include misdiagnosis, missed diagnoses, delayed diagnosis, surgical errors, and medication mistakes.

Understanding Illinois Medical Malpractice Settlements

Most medical malpractice claims end in a settlement, but a small percentage of cases require a trial to litigate in court for a jury to decide. A successful claim requires not only proof of the doctor’s liability for their negligence, but also evidence of the injury victim’s damages. The amount of a settlement or jury award for medical malpractice in Illinois or elsewhere depends on the severity of damages, such as the following:

  • Medical expenses for additional treatment
  • Future medical expenses
  • Lost wages
  • Future income loss/diminished future earning capacity
  • Out-of-pocket costs
  • Compensation for pain and suffering

Additional compensation is available for catastrophic injuries, such as loss of limb, loss of an organ, disfigurement, loss of vision, or hearing loss. Medical malpractice claims for life-altering damages, such as disability due to spinal cord injuries or traumatic brain injuries, end in larger settlements due to the severity of the injury.

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