Medical Malpractice Rules in Illinois
The deadline to file a medical malpractice claim in Illinois, the discovery rule, and caps on damages.
Short answer: A claim against a licensed physician, dentist, registered nurse or hospital arising out of patient care must be filed within 2 years after the claimant knew or reasonably should have known of (or received written notice of) the injury or death, and never more than 4 years after the act… 735 ILCS 5/13-212
| Medical malpractice deadline | A claim against a licensed physician, dentist, registered nurse or hospital arising out of patient care must be filed within 2 years after the claimant knew or reasonably should have known of (or received written notice of) the injury or death, and never more than 4 years after the act or omission. If the patient was under 18 when the claim accrued, the limit is 8 years after the act or omission, but no later than the patient's 22nd birthday. Source: 735 ILCS 5/13-212 |
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FAQ
What is the statute of limitations for medical malpractice in Illinois?
A claim against a licensed physician, dentist, registered nurse or hospital arising out of patient care must be filed within 2 years after the claimant knew or reasonably should have known of (or received written notice of) the injury or death, and never more than 4 years after the act or omission. If the patient was under 18 when the claim accrued, the limit is 8 years after the act or omission, but no later than the patient's 22nd birthday.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.