We are Illinois Lawyers who will speak with you for free and connect you to the best Illinois medical malpractice lawyer for your situation. If you or a loved one suffered harm due to medical negligence, contact Illinois Lawyers today for a confidential, no-cost consultation.
What You Should Know
How long does a medical malpractice case take? Most cases in Illinois take 2–4 years to resolve. Simple claims might settle within a year, but those are very rare. Most complex or high-value cases can stretch much longer—especially if they go to trial or involve multiple healthcare providers. The timeline depends on medical reviews, discovery, negotiations, and the court’s schedule. Birth injury cases generally take longer because seeing how the child’s injury progresses will affect what the case is worth.
The Timeline for Medical Malpractice Lawsuits
No two medical malpractice lawsuits follow the same path. Factors like the severity of injuries, the number of defendants, and the amount of investigation needed all influence how long it takes.
Here’s a general timeline for these lawsuits in Illinois:
- Initial Investigation (3-12 months) – Gathering records and consulting medical experts.
- Filing the Lawsuit (1–2 months) – Preparing and serving formal legal complaints.
- Discovery Phase (12–18 months) – Exchanging evidence, taking depositions, and reviewing expert testimony.
- Settlement Talks or Mediation (variable) – Negotiations can happen anytime, but usually after or toward the end of discovery.
- Trial (6–12 months) – If the case doesn’t settle, trial scheduling and proceedings extend the timeline. Judges can only hear one case at a time and medical malpractice trials can last two to three weeks. So they have to be scheduled in advance to arrange for witnesses to appear and to work within the schedule of the Judges and lawyers.
Table: Average Illinois Medical Malpractice Timelines by Case Type
| Case Type | Average Timeline | Notes |
| Simple case, early settlement | 12–18 months | Often resolved after medical review and early talks |
| Complex case with multiple defendants | 2–3 years | Extended discovery and expert review |
| High-value or catastrophic injury case | 3–5 years | Often goes to trial or appeal |
On average, a lawsuit for malpractice in Illinois settles within 2–3 years, but trial cases can take 4 years or more to conclude. Every case is different. A higher quality attorney can often accelerate your timeline because they know which experts to consult with, have nurses in house that review cases and the insurance company takes them more seriously.
What Causes Delays in Illinois Medical Malpractice Cases?
Several factors influence how long it takes to reach a settlement or verdict. Below are some of the most common elements that can lengthen or shorten a case’s timeline in Illinois.
1. Complexity of Medical Issues
Medical malpractice cases often require multiple expert opinions. For example, proving that a doctor breached the standard of care might involve specialists in surgery, radiology, or anesthesiology. Each expert must review detailed records and testify under oath—processes that take months.
2. Number of Parties Involved
Hospitals, nurses, surgeons, and clinics may all share responsibility. Identifying every liable party takes time, especially when hospitals are owned by multiple entities or when doctors have independent insurance coverage. It is sadly becoming more common for hospitals to fight turning over medical records that you have a right to. These delay tactics can unfortunately make a case drag on, especially if your lawyer is not aggressive.
3. Discovery Delays
The discovery phase is usually the longest part of a case. Medical malpractice lawyers on both sides exchange documents, take sworn depositions, and subpoena medical records. If one party withholds information or disputes evidence, court intervention can add months of delay. When there are multiple defendants, that means multiple law firms are involved. They all have a right to be at a deposition. Sometimes scheduling five or more lawyers to be at the same place can be difficult.
4. Expert Witness Scheduling
Top medical experts are often practicing physicians with limited availability. Coordinating their schedules for testimony and cross-examination can stretch out proceedings significantly.
5. Settlement Negotiations
Insurers often delay or lowball settlement offers until they see your case’s strength. An experienced medical malpractice lawyer knows how to negotiate strategically and recognize when an offer is fair—or when to push forward to trial.
Statute of Limitations for Illinois Medical Malpractice Lawsuits
Under Illinois law, medical malpractice claims must be filed within 2 years of when the injury was discovered (or reasonably should have been discovered) and no later than 4 years after the act occurred — except for minors, who have up to 8 years but no later than their 22nd birthday, with extensions for certain legal disabilities.
Missing the deadline could permanently bar your right to sue, so it’s crucial to contact a medical malpractice attorney early. It takes on average over six months to evaluate a case. If you wait too long, many lawyers will decline to get involved even if they think you might potentially be a victim of malpractice.
What to Do If You Think There’s Medical Malpractice
Not sure if your doctor made a serious mistake? Here’s what to do — step by step:
- Write down what happened: Note dates, names, treatments, and how your condition changed.
- Keep everything: Save bills, test results, and discharge papers in one place.
- Stay quiet online: Don’t post about your care or possible claim on social media.
- Call Illinois Lawyers early: Our medical malpractice attorney can review your situation, explain your rights, and tell you if you have a medical malpractice claim that is worth investigating. If we do, we will refer you to a top malpractice firm that is the right fit for your fact scenario. In other words, if you are suing for a failure to diagnose cancer, we would recommend a firm with a big track record in those cases.
When to Contact Us
If you believe a doctor, nurse, or hospital made a serious mistake that caused injury, don’t wait to find out if you “have a case.” Speaking with the best medical malpractice attorney early helps preserve evidence and ensures your claim is filed on time.
At IllinoisLawyers.com, we connect you directly with vetted medical malpractice attorneys across Illinois—lawyers who have successfully handled similar cases. We’ll talk to you for free, give you the same advice we’d give a family member, and connect you with the best medical malpractice attorney in Illinois for your unique situation.
Call Illinois Lawyers at (312) 346-5320 for free consultations 24/7.
No Appointment Needed. Call Anytime.
