Medical Malpractice Statute of Limitations in Illinois
Last verified 2026-07 · Source: 735 ILCS 5/13-212(a) ✓ verified · 3 sources
The deadline
2 years
from the date the claimant knew, or through the use of reasonable diligence should have known, of the injury, under 735 ILCS 5/13-212(a).
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The deadline to file a medical malpractice claim in Illinois is 2 years, set by 735 ILCS 5/13-212(a). It starts running on the date the claimant knew, or through the use of reasonable diligence should have known, of the injury. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Illinois Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | 735 ILCS 5/13-212(a) |
| Car Accident | 2 yrs | 735 ILCS 5/13-202 |
| Credit Card Debt | 5 yrs | 735 ILCS 5/13-205 |
| Wrongful Death | 2 yrs | 740 ILCS 180/2 |
| Personal Injury | 2 yrs | 735 Ill. Comp. Stat. § 5/13-202 |
| Dog Bite | 2 yrs | 510 ILCS 5/16 (Animal Control Act, strict liability); SOL: 735 ILCS 5/13-202 |
| Slip and Fall | 2 yrs | 735 ILCS 5/13-202 |
| Defamation | 1 yr | 735 ILCS 5/13-201 |
| Breach of Contract | 10 yrs | 735 ILCS 5/13-206 |
| Medical Debt | 5 yrs | 735 ILCS 5/13-205 |
When the Clock Starts
In Illinois, the limitations period for medical malpractice claims generally begins on the date the claimant knew, or through the use of reasonable diligence should have known, of the injury. Illinois recognizes a discovery rule for this claim type: The 2-year period runs from discovery of the injury, but an outer statute of repose bars any medical-malpractice action brought more than 4 years after the act or omission.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Actions for patient care against a local public entity/public hospital fall under the 2-year limit of the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/8-101(b).
- Damage caps: None — Illinois has no cap on noneconomic medical-malpractice damages; the last statutory cap was held unconstitutional in Lebron v. Gottlieb Memorial Hospital, 237 Ill. 2d 217 (2010).
Every med-mal complaint must be accompanied by an attorney's affidavit and a written report from a qualified health professional certifying a reasonable and meritorious cause of action, under 735 ILCS 5/2-622.
Source: 735 ILCS 5/13-212(a), official Illinois statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Illinois government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Illinois Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Illinois | 2 years | 735 ILCS 5/13-212(a) |
| Wisconsin | 3 yrs | Wis. Stat. § 893.55 |
| Iowa | 2 yrs | Iowa Code § 614.1(9) |
| Missouri | 2 yrs | RSMo § 516.105 |
| Kentucky | 1 yr | KRS 413.140(1)(e), (2) |
| Indiana | 2 yrs | Ind. Code § 34-18-7-1 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Illinois?
You have 2 years from the date the claimant knew, or through the use of reasonable diligence should have known, of the injury, under 735 ILCS 5/13-212(a).
Can I still sue after 2 years in Illinois?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in Illinois?
Yes. The 2-year period runs from discovery of the injury, but an outer statute of repose bars any medical-malpractice action brought more than 4 years after the act or omission.
What if the victim was a minor?
Illinois generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Actions for patient care against a local public entity/public hospital fall under the 2-year limit of the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/8-101(b).
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Sources
- Official 735 ILCS 5/13-212 — Illinois General Assembly
- Corroborating 735 ILCS 5/13-212 Physician or hospital — FindLaw
- Corroborating How to File a Medical Malpractice Lawsuit in Illinois — Nolo
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Illinois attorney.