Since 2001 Findgreatlawyers.com has been the leading internet resource to find Illinois lawyers and Illinois legal information

Findgreatlawyers.com is a free service, run by Illinois lawyers, to find an attorney or obtain guidance for any Illinois legal matter, including Illinois medical malpractice cases. Our founding attorneys are Chicago lawyers who have a tremendous amount of experience in helping people with Illinois malpractice cases throughout Illinois. If you would like our help in finding an Illinois medical malpractice attorney, Please call us at (312) 346-5320 or (800) 517-1614 or fill out our contact us form and we will contact you. All inquiries are confidential and there is never a fee to speak with us. In addition, none of the Illinois medical malpractice lawyers we recommend will charge a fee to review your claim. For more information about Illinois medical malpractice laws please read the sections below. To learn more about our service, please read our "how it works" page or contact us.

Under Illinois law, a State employee is not immunized by sovereign immunity for his own acts of negligence merely because he was acting within the scope of his employment. Currie v. Lao, 592 N.E.2d 977, 980 (1992). Where the charged act of negligence arose out of the State employee's breach of a duty that is imposed on him solely by virtue of his State employment, sovereign immunity will bar maintenance of the action in circuit court. Id. Conversely, where the employee is charged with breaching a duty imposed on him independently of his State employment, sovereign immunity will not attach and a negligence claim may be maintained against him in circuit court. Id. In other words, where a physician is charged with breaching a duty that arose independently of his State employment, a suit against him will not be shielded by sovereign immunity. Id.

Next, under Illinois law (IL ST CH 745 § 10/2-102), a local public entity is not liable to pay punitive or exemplary damages in any action brought directly or indirectly against it by the injured party or a third party. Also, no public official is liable to pay punitive or exemplary damages in any action arising out of an act or omission made by the public official while serving in an official executive, legislative, quasi-legislative or quasi-judicial capacity, brought directly or indirectly against him by the injured party or a third party. In addition, neither a local public entity nor a public employee acting within the scope of his employment is liable for injury caused by the failure to make a physical or mental examination, or to make an adequate physical or mental examination of any person for the purpose of determining whether such person has a disease or physical or mental condition that would constitute a hazard to the health or safety of himself or others. (IL ST CH 745 § 10/6-105). On the other hand, neither a local public entity nor its employees are immune from liability for the negligent or wrongful prescription or administration of treatment. (IL ST CH 745 § 10/6-106).

If you have any questions about Illinois medical malpractice laws or would like to find an attorney that can answer your questions or evaluate your case. If you have questions about our website you can contact us at any time.