What is the Average Medical Malpractice Settlement in Illinois?

Thursday, April 10, 2025

What is the Average Medical Malpractice Settlement in Illinois?

Written by Malman Law, reviewed by Steve J. Malman.

You go in for a routine surgery. Your surgeon expects that your procedure should go smoothly with no complications. A month after your surgery, you begin to experience pain and swelling at the incision site, only to find out that a surgical sponge was left behind.

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This is just one of many examples of medical negligence. The medical malpractice attorneys at Malman Law are here to provide an overview of what factors determine settlement amounts and the types of damages that you may be able to recover.

What is Medical Malpractice?

Medical malpractice is defined as “any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.”

Every physician in the state of Illinois must maintain liability coverage. According to the Medical Practice Act of 1987, each physician is required to carry at least $1,000,000 in liability coverage. Most malpractice insurers offer a $3,000,000 aggregate limit.

If the patient has suffered injuries, he or she can file a medical malpractice claim. In Illinois, if the patient is deceased, then the decedent’s personal representative is the only person allowed to file a wrongful death claim.

Medical Malpractice Payouts by State

Medical malpractice settlements vary widely depending on the degree of injury, medical expenses, legal precedents, and the rules of each state. According to recent data, total payouts for malpractice claims across the U.S. range from several hundred thousand to multi-million-dollar settlements, influenced heavily by location and litigation trends. 

The average settlement for surgery malpractice varies wildly from state to state. Some states pay out more consistently due to urban density, legal climates, and jury behavior, while others pay out much less with fewer claims and lower medical costs. Understanding these differences can be pertinent for an individual pursuing a malpractice claim.

For Illinois residents, malpractice payouts align closely with national trends. In recent years, Illinois has seen multimillion-dollar settlements, especially in cases involving severe surgical errors, birth injuries, and delayed diagnoses.

Which States Have the Highest and Lowest Payouts?

States with the Highest Payouts

Based on 2021 data from the National Practitioner Data Bank, the following states reported the highest total malpractice payouts:​

Florida

• Total malpractice payouts (2021): $306.27 million
• Number of Cases: 1,034
• Average Payout per Case: Approximately $296,200
• Contributing Factors: High population, extensive healthcare facilities, and many malpractice claims.​

California

• Total malpractice payouts (2021): $201.07 million
• Number of Cases: 869
• Average Payout per Case: Approximately $231,300
• Contributing Factors: Large population and numerous healthcare providers leading to higher claim volumes.

Texas

• Total malpractice payouts (2021): $131.47 million
• Number of Cases: 520
• Average Payout per Case: Approximately $252,800
• Contributing Factors: Extensive healthcare system and the significant number of malpractice claims.​

States with the Lowest Payouts

Conversely, the following states reported the lowest total malpractice payouts in 2021:​

Alaska

• Total malpractice payouts (2021): $3.97 million
• Number of Cases: 13
• Average Payout per Case: Approximately $305,400
• Contributing Factors: Smaller population and fewer healthcare facilities resulting in lower claim volumes.​

Delaware

• Total malpractice payouts (2021): $10.39 million
• Number of Cases: 18
• Average Payout per Case: Approximately $577,200
• Contributing Factors: Smaller state size and lower number of claims.​

Idaho

• Total malpractice payouts (2021): $6.62 million
• Number of Cases: 30
• Average Payout per Case: Approximately $220,700
• Contributing Factors: Lower population density and fewer reported malpractice cases.​

Illinois Medical Malpractice Payouts

Illinois remains a major player in malpractice litigation, with large verdicts in cases involving surgical errors, delayed treatment, and catastrophic injuries. Illinois’s average settlement for surgery malpractice reflects the state’s position with no damage caps, allowing for substantial settlements when negligence is proven.

In 2024, Illinois reported a total malpractice payout of $1.584 million. While this figure represents the overall settlement sum, individual payouts can be significantly higher in cases of gross medical negligence. Key factors contributing to Illinois’ litigation trends include:

• No Damage Caps: Unlike many states, Illinois does not impose a cap on non-economic damages, allowing injured parties to seek full compensation for pain, suffering, and loss of quality of life.
• High-Profile Settlements: Some cases involving surgical malpractice, birth injuries, or failure to diagnose life-threatening conditions have resulted in multimillion-dollar verdicts.
• Urban vs. Rural Disparity: Payout trends in Illinois vary between densely populated areas like Chicago, where courts tend to favor plaintiffs, and smaller counties where settlements are typically lower.
• Legal Representation: The presence of skilled malpractice attorneys significantly affects settlement outcomes, as firms like Malman Law have a track record of securing favorable verdicts.

As medical malpractice laws continue to evolve in 2025, Illinois remains a critical state for plaintiffs seeking fair compensation. The average settlement for surgery malpractice here is expected to remain competitive, particularly in high-damage cases requiring lifelong care.

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases.

STEVE J. MALMAN

Founding Attorney

Factors Determining Settlement Amounts

Medical malpractice settlements vary greatly based on the severity of the injury and its long-term impact. Here’s a general breakdown of expected settlement ranges:

• Minor Cases ($0–$10,000): Includes mild allergic reactions, misplaced injections, or IV errors.
• Short-Term Disabilities ($10,000–$30,000): Covers conditions like minor surgical mistakes, missed diagnoses, or prenatal care errors that resolve over time.
• Severe Malpractice ($100,000–$500,000): This applies to cases involving significant injuries, prolonged infections, chronic pain, or emotional distress.
• Permanent Injuries & Wrongful Death ($1,000,000+): Includes cases where patients suffer permanent disabilities or loss of life due to medical negligence.

Factors Affecting Settlement Amounts

• Strength of Evidence: The more concrete the proof of negligence, the higher the potential settlement.
• Type of Malpractice: The nature of the error, a surgical mistake, misdiagnosis, or treatment failure, impacts the final compensation.
• Jurisdiction: Where the case is filed influences compensation, as some states impose caps while others do not.

Other Considerations

• Timeframe: Depending on complexity, medical malpractice cases can take months or even years to resolve.
• Trial vs. Settlement: Cases that go to trial often receive higher jury awards than out-of-court settlements.

Punitive Damages: In extreme negligence cases, courts may award additional punitive damages to penalize the responsible party.

Evidence supporting your claim

Proving a medical malpractice case is dependent on evidence supporting your claim.

Medical imaging associated with your condition will be heavily relied on, such as X-rays, MRIs, CT scans, and ultrasounds. Your medical records, including any physician’s notes, will be useful as well.

Expert witness testimony will help to establish that your physician’s negligence did cause your bad health outcome.

An experienced medical malpractice lawyer will have a reliable network of physicians and investigators to help assist with your case.

Actual Damages

A patient who has sustained injuries at the hands of a physician can request damages. Damages aim to make the injured person “whole” again.

You can recover compensatory damages in order to reimburse you for losses. For this reason, compensatory damages are also referred to as actual damages. Calculating these losses will play a large role in determining the size of your settlement.

Whether or not your case settles out of court or proceeds to trial, the injured party may be entitled to receive both economic and non-economic damages.

Economic damages will cover any losses that are easily quantifiable, including:

• Lost wages
• Lost earning potential
• Prescription costs
• Hospital and emergency room visits
• Medical equipment

In contrast, non-economic damages cover losses that affect a victim’s ability to live a normal life. Noneconomic damages are less straightforward and may include:

• Emotional distress
• Pain and suffering
• Mental anguish
• Loss of companionship
• Loss of consortium

Calculating your Chicago medical malpractice settlement

Calculating your losses is one of the most significant parts of your medical malpractice case. You want to calculate the full extent of your losses. The more evidence you have, the better our Chicago medical malpractice lawyers can negotiate. You will not accept an unfair offer when you clearly know how much your case is worth.

Economic damages are easier to calculate than non-economic ones. They involve invoices, receipts, pay stubs, and more. Our medical malpractice lawyer will work with your medical team and other experts to calculate long-term expenses.

Non-economic damages are more difficult to calculate since they do not have any receipts attached in most instances. We can apply two formulas to estimate your pain and suffering in Illinois. The first method is the per-diem method. This method assigns a dollar amount for every day you cannot work because of your injury. We will multiply the amount designated by the number of days for a total.

A more popular method for calculating pain and suffering is the multiplier method. It involves assigning a number depending on injury severity. We will take that number and multiply it by your economic losses. Calculating your losses takes skill and knowledge. That is what you get when you work with Malman Law.

Which States Have Caps on Medical Malpractice Claims?

Many states impose caps on non-economic damages in malpractice cases, impacting overall settlement values.

Understanding Economic vs. Non-Economic Damages

• Economic damages: Measurable financial losses such as medical expenses, lost wages, and rehabilitation costs.
• Non-economic damages: Intangible losses such as pain and suffering, emotional distress, and reduced quality of life.

States with Medical Malpractice Caps

Several states enforce strict limits on non-economic damages:

• California: Cap on Non-Economic Damages: It was increased from $250,000 to $350,000 in 2023, and it is planned to reach $750,000 by 2034.
• Texas: The cap on Non-Economic Damages is $250,000 per provider, maxing out at $500,000 for multiple defendants.
• Maryland: Cap on Non-Economic Damages (2024): $890,000, with higher limits for wrongful death claims.

Illinois and Medical Malpractice Caps

Unlike many states, Illinois does not impose a cap on malpractice damages. A 2010 ruling deemed previous caps unconstitutional, allowing plaintiffs to seek full compensation, including non-economic damages. This legal landscape significantly influences the average settlement for surgery malpractice, often leading to higher payouts for victims of severe medical errors.

Are There Caps on Damages?

In Illinois, there is no limit on what a victim can recover for either economic or non-economic damages. You are entitled to be fully compensated for your losses and injuries.

In 2005, Illinois placed a cap on the noneconomic damages that a person could recover. A claimant could only recover a maximum of $500,000 million against a healthcare professional and $1 million against a healthcare facility or hospital. However, this cap was lifted in 2010 when the Illinois Supreme Court ruled this law as being unconstitutional.

A Chicago Medical Malpractice Lawyer

Recently, we represented the mother of a boy who was having trouble moving his arm. The mother brought the boy to his physician on several occasions regarding the problem, but it took almost a full year before the physician recommended that the boy have an MRI. The image returned a diagnosis of a ganglioglioma (tumor), which unfortunately led to the boy’s paralysis and ultimately to his death. Our team investigated the matter, utilizing a team of lawyers and experts who proved medical malpractice. Our investigation showed that, had the boy’s physicians found the tumor earlier, he would likely have avoided paralysis and death. We obtained a settlement of 5 million dollars for the mother.

If you have been the victim of medical malpractice, Malman Law is here to help. Contact us today to schedule your free consultation.

Please read: How to File a Medical Malpractice Lawsuit