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Illinois medical malpractice law

In Illinois, you generally have 2 years to file a medical malpractice claim from the day the injury was discovered. Caps and rules for 2026.

Sources checked

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Malpractice lawyers in Illinois

We're still putting together the Illinois list. A free case review reaches a lawyer who serves the state in the meantime, and you'll see your likely filing deadline.

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How a malpractice claim usually moves in Illinois

  1. 1.Something went wrong

    Write down dates and names while they're fresh.

  2. 2.Get your records

    Ask for your full chart and test results.

  3. 3.Free case review

    A lawyer looks at what happened, free.

  4. 4.Medical opinion

    A doctor checks whether the care fell short.

  5. 5.Start the claim in time

    Your lawyer starts the claim before the deadline.

  6. 6.Settlement or trial

    Many claims settle. Some go to a judge or jury.

Your deadline: 2 years from when you found out

Illinois rules at a glance

Work out your deadline
Filing deadline
2 years from when the injury was discovered
Damage caps
No cap
Before you file
An expert's sign-off on the claim
Shared fault
Modified comparative (51% bar)
Full Illinois law guidedeadlines, caps, children, experts and sources

Example: treatment and discovery six months ago

  • TreatmentMay 7, 2026
  • Likely deadlineMay 7, 2028
  • Outer limitMay 7, 2030
The filing deadline in Illinois
  1. The clock startsWhen you found out, or should have
  2. Time to start a claim2 yearsMiss it and the claim is usually lost.
  3. At the very most4 yearsafter the treatment, with a few exceptions
Limits on damages in Illinois
  • Pain and sufferingNo cap
  • All damages togetherNo overall cap
  • Punitive damagesNot allowed

The rules in Illinois

Filing deadline

2 years

Counted from when the injury was discovered. File within 2 years of when you knew or reasonably should have known of the injury (or received written notice of it), and no more than 4 years after the act or omission.

735 ILCS 5/13-212(a)

Discovery rule

Applies

Yes, inside the 4-year outer limit.

Outer limit

4 years

4 years from the act or omission for adults.

735 ILCS 5/13-212(a)

Damage caps

No cap. The 2005 caps were struck down in Lebron v. Gottlieb Memorial Hospital (2010).

No enforceable damage caps in Illinois medical malpractice cases, and no punitive damages.

Punitive
Punitive damages are not allowed in healing art malpractice cases (735 ILCS 5/2-1115).

Source

Children

Different clock

A child must sue within 8 years of the act or omission, and never after the 22nd birthday.

Affidavit of merit

Required

The plaintiff's attorney must attach an affidavit that a qualified health professional reviewed the case and found in a written report that there is a reasonable and meritorious cause for filing, with the report attached. A 90-day extension is available when the deadline is near.

735 ILCS 5/2-622

Notice before suing

Not required

No pre-suit notice requirement.

Shared fault

Modified comparative (51% bar)

Modified comparative fault: barred above 50% of the fault

Experts

Expert evidence

The reviewing health professional must practice or teach, or have done so within the last 6 years, in the same area of health care at issue (735 ILCS 5/2-622).

Illinois is a frequent venue for large verdicts, particularly in Cook County.

Sources

  1. 735 ILCS 5/13-212, Illinois General Assembly
  2. 735 ILCS 5/2-622, Illinois General Assembly
  3. State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
  4. Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.
  5. Medical Liability/Malpractice Merit Affidavits and Expert Witnesses, National Conference of State Legislatures

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