What Is the Statute of Limitations for Medical Malpractice in Illinois?
In Illinois, the statute of limitations for medical malpractice is generally 2 years under 735 ILCS 5/13-212.
Medical malpractice Deadlines in Illinois
How long do you have to file a medical malpractice claim in Illinois?
In Illinois, the statute of limitations for medical malpractice is generally 2 years under 735 ILCS 5/13-212. The full rule is: 2 Years (4-yr repose).
When does the clock start for medical malpractice in Illinois?
Two years after the claimant knew or should have known of the injury, and in no event more than four years from the date of the act or omission.
Can the Illinois deadline for medical malpractice be extended?
For minors the period runs eight years from the injurious act, but no action may be brought after the person's 22nd birthday. The four-year repose can bar a claim regardless of discovery.
Is the deadline different if the claim is against the government in Illinois?
Often, yes. Suit against a local public entity within 1 year under 745 ILCS 10/8-101. The Local Governmental and Governmental Employees Tort Immunity Act cuts the filing period to one year for civil actions against a local public entity or its employees — half the ordinary two-year personal-injury period. Claims against the State go to the Illi…
How does Illinois compare to other states for medical malpractice?
Illinois's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in Illinois:
