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How to File a Medical Malpractice Complaint in Illinois

  • HM&M
  • 7 hours ago
  • 4 min read


When a trusted doctor, nurse, or healthcare provider makes a serious mistake, the damage can be devastating. From misdiagnoses, medication  and surgical errors to birth injuries and wrongful death, medical malpractice harms thousands of Illinois residents each year. If you’ve been affected, you may be wondering:

How do I report what happened? 


And how do I pursue justice?


This guide breaks down your full range of options for filing a medical malpractice complaint in Illinois — from reporting the provider to state regulators to filing a civil lawsuit for compensation.



What Is Considered Medical Malpractice in Illinois?

Under Illinois law, a valid medical malpractice court claim requires the following four elements:


  1. A provider-patient relationship (establishing a duty of care)

  2. A breach of the standard of care — meaning the provider failed in a reasonably careful manner and was thus negligent

  3. Causation--evidence that the medical negligence was a cause of injury or death

  4. Damages, such as past and future medical expenses, lost income, pain, suffering, emotional distress, or loss of a normal life


Common examples of medical malpractice include:


  • Surgical errors

  • Misdiagnosis or delayed diagnosis

  • Medication mistakes

  • Birth injuries (e.g., cerebral palsy, brachial plexus injuries)

  • Emergency room negligence

  • Anesthesia errors

  • Failure to obtain informed consent

  • Preventable infections or hospital-acquired illnesses




Step 1: Consider Whether to File a Complaint, a Lawsuit — or Both

Victims of malpractice in Illinois can pursue two main options:

1. File a Regulatory Complaint

This involves reporting a healthcare provider or facility to a government agency. While this won’t result in compensation, it may trigger investigations, fines, or license discipline. It’s an important start to creating a paper trail in case you want to file a lawsuit later down the line. 

2. File a Medical Malpractice Lawsuit

This is the only path to financial recovery for injuries caused by negligence. A lawsuit may result in a settlement or court award to compensate you for damages.



Step 2: Reporting Medical Malpractice in Illinois

A. Illinois Department of Public Health (IDPH)

The IDPH investigates complaints about hospitals, nursing homes, dialysis centers, and other licensed healthcare facilities.


How to File a Complaint with IDPH:



Important: You can file anonymously, but providing contact info allows the department to notify you of investigation results.


B. Illinois Department of Financial and Professional Regulation (IDFPR)

Use IDFPR to report individual licensed professionals — like doctors, nurses, pharmacists, and therapists.

How to File a Complaint with IDFPR:


  • Online: Submit via the IDFPR Complaint Portal

  • Mail: Complaint Intake Unit 100 W. Randolph Street, Suite 9-300 Chicago, IL 60601

  • Phone: 312-814-6910


C. Illinois Attorney General’s Office

File here if your complaint involves health care fraud, discrimination, or patient rights violations.



Step 3: Gathering Evidence for Your Case

Whether you report the provider or pursue a lawsuit, start gathering:


  • Medical records

  • Test results and imaging

  • Lab reports and prescriptions

  • Treatment notes and discharge summaries

  • Written communication between you and your provider

  • Witness names or second opinions


These records are critical for regulatory investigations and legal claims alike.



Step 4: Speak With a Medical Malpractice Lawyer in Illinois

Illinois medical malpractice lawsuits are highly regulated, and winning requires more than just telling your story. An experienced attorney can:


  • Help determine whether your case qualifies as a potential malpractice case

  • Obtain a required “Certificate  of Merit” from a licensed medical expert in order to file suit in court

  • Obtain the critical fact and opinion testimony and evidence to prove the case in court

  • Prepare the case for trial--trial may be necessary if the negligent medical providers fail to take responsibility for their actions which inured the plaintiff


At Hurley McKenna & Mertz, P.C., we specialize in these cases — from misdiagnosis and birth injury to surgical negligence and wrongful death.



Step 5: Filing a Lawsuit for Medical Malpractice in Illinois

In order to file a lawsuit, Illinois law (735 ILCS 5/2-622) requires you to include an Certificate  of Merit. This means:


  • A licensed physician must review relevant medical records

  • The physician must confirm, in a written report, the malpractice occurred and that the case has merit


Once that’s complete, your attorney will file a Complaint at Law in the appropriate court — usually in the county where the malpractice occurred or where the medical providers do business.


The lawsuit must detail:

  • What went wrong and how it deviated from the standard of care

  • The resulting injuries The healthcare providers or institutions involved

  • A request for damages (medical bills, lost wages, pain and suffering, etc.)



Step 6: Understand the Legal Process

After filing, your case enters the litigation phase, which includes:


  • Discovery: Evidence, medical records, and expert opinions are exchanged

  • Depositions: Key parties are questioned under oath

  • Hearings and motions: The court may decide what evidence is allowed

  • Settlement talks: Many cases resolve before trial

  • Trial: If no fair settlement is reached, your case may go before a jury


What Happens After You File a Regulatory Complaint?

  • Investigations may take months

  • IDPH or IDFPR may contact you for more information

  • You may not see disciplinary action—even if the doctor has multiple complaints

  • You won’t receive compensation unless you also file a lawsuit


That’s why it’s often in your best interest to pursue a legal claim in addition to reporting the provider.



Why Work With Hurley McKenna & Mertz, P.C.

We’ve helped hundreds of Illinois families hold negligent providers accountable and recover the compensation they deserve. Our medical malpractice results includes:


  • $41M jury verdict for stroke caused by medication error

  • $31M settlement for birth injury caused by emergency room negligence

  • $15M settlement for surgical paralysis due to misdiagnosis and improperly performed spine surgery


We handle the most complex cases and aren’t afraid to take hospitals and insurance companies to court.


Ready to Take Action?

If you or a loved one has been harmed by medical negligence, don’t wait. Contact our experienced team at Hurley McKenna & Mertz, P.C. today for a free consultation. We’ll help you:


  • Collect medical records

  • Determine the truth of what happened 

  • Build a strong case

  • Seek full compensation for your injuries


Serving Chicago, Cook County, all of Illinois and across the United States.

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