Illinois Medical Malpractice Statistics (Updated for 2025)
Medical malpractice occurs when a health care provider fails to provide the relevant professional standard of care, harming the patient. The damages from medical malpractice are often so significant that they result in six- and seven-figure payouts. Insurance companies typically bear these costs, but patients ultimately pay the price of medical malpractice through higher health care costs, regardless of whether they have personally suffered from malpractice.
Medical malpractice statistics provide an important tool for assessing the state of our health care system and identifying trends that negatively impact health care quality in Illinois.
Insights into Medical Malpractice: Claims & Reports
The National Practitioner Data Bank compiles information about adverse actions and medical malpractice claim payouts involving every type of health care provider in each state.
Adverse actions are those resulting in formal disciplinary procedures against a doctor and include the following:
- License suspension or revocation
- Loss of clinical privileges
- Loss of professional memberships
- Action by the Drug Enforcement Administration
- Exclusion from participating in federally funded health care programs
Adverse action reports do not include criminal convictions or information about civil lawsuits. Medical malpractice payment reports are payouts to victims of medical malpractice, usually through insurance claims, settlements, or trial verdicts.
Adverse Action and Medical Malpractice Payment Reports from 2020 Through 2024
From January 1, 2020, through September 30, 2024, Illinois health care providers were named in 5,944 adverse action reports and 1,801 medical malpractice payment reports. This data includes the following information:
- In 2023, 1,510 adverse action reports and 473 medical malpractice payment reports were filed.
- In 2024, 804 adverse action reports and 328 medical malpractice payment reports have been filed so far. If the current trend continues, there will be 1,072 adverse action reports and 437 medical malpractice payouts for the full year.
These reports have become increasingly common since 2020, with a peak in 2022, as shown in the charts below:
Adverse Actions and Medical Malpractice Claims by Healthcare Provider Type
Any type of health care provider may be responsible for medical malpractice, including the following:
- Doctors
- Nurses
- Midwives
- Dentists
- Anesthesiologists
- Pharmacists
- Radiologists
- Therapists
- Psychiatrists
Some health providers are at a higher risk for medical malpractice claims because of the complexity of their procedures, their decision-making power, and their level of direct contact with patients.
Physicians
Doctors are the main decision-makers in patient care. Thus, of all health care professionals, they have been named in the highest number of medical malpractice claims. Any deviation from the standard of care when diagnosing or treating a patient may result in disciplinary action. If harm comes to the patient, it could result in a medical malpractice claim. In 2023, 239 physicians were named in adverse action reports, and 357 were named in paid medical malpractice claims.
From January 1 through September 30, 2024, 371 Illinois physicians were the subject of these reports. Of these, 151 were formally disciplined, and 220 were named in medical malpractice claims that resulted in payouts.
From 2020 through September 30, 2024, there were 2,501 adverse action and medical malpractice reports involving Illinois doctors. Adverse action reports have remained steady during the last five years, but medical malpractice claims increased annually from 2020 through 2023. However, if the rate of medical malpractice payments stays the same, the total number of paid claims at the end of 2024 will be 293—the lowest number since 2021.
Nurses
Of all health care professionals, nurses provide the most direct patient care. Doctors rely on them to administer medication, monitor vital signs, dress wounds, assist during procedures, and more. Nursing shortages are a growing problem in Illinois, putting greater pressure on nurses to rush through care.
From 2020 through 2024, nurses have been named in 2,926 adverse action reports—the highest of any provider type. These numbers have increased dramatically since 2020, from 364 in 2020 to 815 in 2023. There were 408 adverse action reports against nurses during the first nine months of 2024.
Medical malpractice payouts involving nurses are relatively low compared to other providers, but the number is rising. In 2020, there were 24 reports. This number increased to 37 in 2023. There were 28 reports during the first nine months of 2024.
Statistics by Type of Nurse
Registered nurses consistently have the highest number of adverse action reports, while advanced practice nurses, such as midwives and nurse practitioners, have the highest number of paid medical malpractice claims, as shown below.
Reports in 2023
| Report Type | Advanced Practice Nurses | Registered Nurses | Licensed Practical Nurses |
| Adverse Action Reports | 3 | 550 | 262 |
| Medical Malpractice Payment Reports | 20 | 11 | 6 |
| Total Reports | 23 | 561 | 268 |
Reports from January 1, 2024 through September 30, 2024
| Report Type | Advanced Practice Nurses | Registered Nurses | Licensed Practical Nurses |
| Adverse Action Reports | 3 | 282 | 123 |
| Medical Malpractice Payment Reports | 12 | 9 | 7 |
| Total Reports | 15 | 291 | 130 |
Other Healthcare Providers
Illinois medical malpractice data reveals that disciplinary action and medical malpractice payouts occur in all fields of medicine involving all types of providers, such as the following:
| Provider Types | Adverse Action Reports 2023 | Medical Malpractice Payment Reports 2023 | Adverse Action Reports 2024 | Medical Malpractice Payment Reports 2034 |
| Dentists | 42 | 31 | 20 | 40 |
| Podiatrists | 7 | 12 | 3 | 15 |
| Technicians and assistants | 146 | 2 | 103 | 4 |
| Therapists and counselors | 101 | 5 | 49 | 10 |
In almost every case, the number of negative reports is rising.
These providers may be involved in fewer claims and disciplinary actions because these practice areas involve less invasive procedures. They are also specialties, meaning there are fewer practitioners in these categories than the general ones.
Financial Aspects of Medical Malpractice Claims
Paid medical malpractice claims are especially concerning because they indicate a patient has suffered harm. Illinois ranks fifth in the nation for total medical malpractice claim payments.
In 2023, Illinois health care providers and their insurers paid $318.86 million to resolve medical malpractice claims. During the first nine months of 2024, Illinois medical malpractice payouts totaled $212.19 million. At this rate, the 2024 amount will be $282.92 million by the end of the year.
Illinois medical malpractice payouts in 2020 were significantly lower at $184.04 million, or $221.53 million when adjusted to today’s dollars. The amount decreased in 2021 but has since increased at a steady rate.
Defense Counsel Payments
The costs health care providers incur defending medical malpractice claims are significant. Defense counsel payments are the legal fees health care providers pay their lawyers. In 2020, the most recent year for which data is available, Illinois health care providers paid $26 million in defense counsel payments, with an average of $41,946 per claim. In claims for which no payment was made to the plaintiff, the average defense counsel payment was $32,445.
Indemnity Payments
An indemnity payment is the compensation paid to the injured patient. In 2020, health care providers in Illinois paid $72 million in indemnity payments. The average payment was $523,479. Indemnity payments are generally higher than defense counsel fees because the indemnity payment is the purpose of the action. Health care providers invest tens of thousands into their defense to avoid paying hundreds of thousands or millions. They also pay expert witness fees, document retrieval costs, court costs, and personnel costs.
How Levin & Perconti Can Help Medical Malpractice Victims
At Levin & Perfonti, our nationally recognized medical malpractice lawyers have over 400 years of combined experience and have recovered over $2 billion. Verdict Reporter consistently ranks our firm among the top ten in the state for verdicts and settlements. In 2020, we placed among the top five Illinois law firms for total settlements and won more settlements over $500,000 than any other law firm.
We have the financial resources to invest every dollar necessary to successfully prosecute your case, and we have identified the most aggressive and effective approach.
Contact us online or call (312) 332-2872 today to schedule your free consultation.
