In all cases, whether in tort, contract or otherwise, in which the plaintiff seeks damages by reason of legal, medical, hospital, or other healing art malpractice, no punitive, exemplary, vindictive or aggravated damages shall be allowed.
2-1115.Punitive damages not recoverable in healing art and legal malpractice cases.
Article II. Civil Practice · Part 11. Trial · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceBars punitive, exemplary, vindictive, or aggravated damages in any case -- whether framed in tort, contract, or otherwise -- seeking damages for legal, medical, hospital, or other healing art malpractice.
Full Text of 735 ILCS 5/2-1115
Plain-English Summary
This section imposes a blanket bar on punitive-type damages -- using four synonyms: punitive, exemplary, vindictive, and aggravated -- specifically in malpractice claims against legal or healing art providers.
The bar applies regardless of how the claim is pled -- tort, contract, or otherwise -- so a plaintiff can't sidestep it by framing a malpractice claim as a breach of contract instead of negligence.
It reaches hospital malpractice, not just individual practitioners, and covers other healing art providers beyond physicians and dentists.
Frequently Asked Questions
Can a plaintiff recover punitive damages in an Illinois legal malpractice case?
No. This section bars punitive, exemplary, vindictive, or aggravated damages in legal malpractice cases.
Does the bar cover hospitals as well as individual doctors?
Yes. It covers medical, hospital, and other healing art malpractice.
Can a plaintiff get around the bar by suing for breach of contract instead of negligence?
No. The bar applies whether the claim is framed in tort, contract, or otherwise.
Does this affect compensatory damages?
No. It addresses only punitive-type damages, not compensatory recovery.
Does a related section address punitive damages in other kinds of cases?
Yes. Section 2-1115.05 addresses limits on punitive damages in cases outside healing art and legal malpractice.
Amendment History
(Source: P.A. 84-7.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: illinois medical malpractice punitive damages barlegal malpractice punitive damages illinoishealing art malpractice punitive damages illinois