A Guide to Medical Malpractice Claims in Illinois

Medical malpractice cases are among the most complex, emotionally challenging, and high-stakes lawsuits a person can pursue. From misdiagnoses and surgical errors to birth injuries and wrongful death, these cases often involve life-altering harm — and require navigating a complicated legal process that can take years.

If you're considering a medical malpractice lawsuit in Illinois, you're likely asking: How long does this process take, do I still have time to file, and is it worth my time?

This comprehensive guide to medical malpractice claims in Illinois breaks down:

• How long medical malpractice cases typically take

• Legal deadlines (including statute of limitations and repose)

• Exceptions for minors, fraud, and disability

• Key factors that influence case timelines

• Systemic issues that keep victims from getting justice

• When and why to contact a lawyer

About Hurley McKenna & Mertz, P.C.

With over 35 years of courtroom experience, Hurley McKenna & Mertz, P.C. is recognized as one of Chicago’s top trial law firms. Our attorneys have achieved record-breaking verdicts, earned national recognition, and delivered justice to thousands of individuals and families harmed by negligent medical care.

We specialize in all types of medical malpractice cases, including:

• Wrongful Death

• Birth Injuries

  • Brain injuries

  • Cerebral palsy

• Surgical Errors

• Diagnostic Errors

• Medication Errors

• Emergency Room Mistakes

Statute of Limitations for Medical Malpractice in Illinois

Medical malpractice lawsuits are time-sensitive. In Illinois, the statute of limitations* dictates how long you have to take legal action.

*The statute of limitations is the legal deadline for filing a lawsuit, and because every state has different rules, the applicable time limits depend on where the incident occurred.

Two-Year Statute of Limitations

Under Illinois law, patients have two years to file a claim from the date they discovered — or reasonably should have discovered — the medical error. This timeline is especially important for cases where the error wasn’t immediately apparent.

The Discovery Rule

The discovery rule gives patients additional time if the injury wasn’t evident right away. For example:

• A tumor is missed in an X-ray and only discovered during a later scan

• A surgical tool is left inside the body and only causes symptoms years later

In such cases, the two-year clock begins when the injury is discovered or should have been discovered with reasonable diligence.

Four-Year Statute of Repose

Even if the injury isn’t discovered immediately, the law imposes a hard deadline: no lawsuit may be filed more than four years after the date the alleged malpractice occurred. This is known as the statute of repose and is not affected by the discovery rule.

Exceptions to Illinois' Medical Malpractice Time Limits

Minors

Children injured by medical malpractice have up to eight years to file a lawsuit, but it must be filed before their 22nd birthday.

Disability or Legal Incapacity

If the victim is mentally or physically incapacitated and unable to pursue a case, the two-year window does not begin until the disability ends. 

If the disability does not end, the statute of limitations may be tolled (paused) indefinitely, meaning the two-year clock does not start until the individual regains legal capacity — or, if they never do, certain legal representatives (like guardians or family members) may be able to pursue a claim on their behalf within a reasonable time.

Fraud or Concealment

If a healthcare provider intentionally conceals the malpractice, such as falsifying records or withholding test results, the victim may have five years from the date the injury is discovered to file a claim.

Wrongful Death

If medical negligence leads to death, the two-year limitation starts on the date of death, even if the injury occurred earlier.

Why Statute of Limitations Laws Matter – And How They Fail Victims

The Tragic Case Behind Lavern’s Law

The dangers of strict filing deadlines are painfully clear in the story of Lavern Wilkinson, a Brooklyn mother who died of a curable form of lung cancer. Her doctors discovered a suspicious mass in a chest X-ray but failed to inform her. By the time she found out — three years later — it was terminal.

Because New York’s statute of limitations only allowed two-and-a-half years from the date of the error, she and her family were legally barred from suing the hospital.

A proposed bill, Lavern’s Law, sought to change this by applying the discovery rule to medical malpractice cases in New York. Despite bipartisan support, backing from a majority of the State Senate, and endorsement by then-Governor Andrew Cuomo, the bill never received a final vote — blocked by Senate Majority Leader John J. Flanagan.

As a result, victims of malpractice in New York continue to suffer without recourse — a stark reminder of how critical it is to understand your legal rights and deadlines, especially in states like Illinois that also impose strict filing timelines.

Unlike some states that have softened deadlines after high-profile cases, Illinois law strictly limits the time patients have to seek justice for medical malpractice. Even if you don't discover an injury right away, the absolute four-year statute of repose can bar your claim. Courts in Illinois rarely make exceptions, making it critical to act promptly if you suspect a medical mistake. Protect your rights by contacting an experienced medical malpractice attorney as soon as possible.

A National Problem: Inconsistent and Unfair Malpractice Deadlines

New York isn’t alone. Across the U.S., statutes of limitations for medical malpractice are:

• Vague

• Inconsistent

• Open to interpretation

Some states count from the date of injury, others from the date of discovery, and some even from the last date the patient saw the provider. These shifting standards favor hospitals and insurers, while leaving patients and families burdened with proving they didn’t wait too long — even when they weren’t aware of the harm.

Why These Cases Take Time

Medical malpractice lawsuits demand:

• Proof of a doctor-patient relationship

• A clear breach of the standard of care

• Causation (the malpractice directly caused the injury)

• Damages, including medical bills, lost wages, and pain and suffering

Each of these elements often requires:

• Expert testimony

• Extensive documentation

• Strategic legal planning

The Hidden Epidemic of Medical Negligence

In 1999, the Institute of Medicine published “To Err is Human”, estimating that at least 44,000 Americans die each year due to preventable medical errors.

By 2011, a HealthAffairs study suggested the number could be as high as 440,000 deaths annually — a tenfold increase.

But here’s the most shocking part:

Only 1% of victims or families ever file a medical malpractice lawsuit. Many don’t know they have a claim. Others face legal hurdles like unclear statutes of limitations or caps on damages.

Even when negligent providers are reported, accountability is rare. In New York, for instance, just 4% of doctors reported for misconduct between 2011–2013 faced license restrictions or suspension.

Common Medical Malpractice FAQs

How long do I have to file a medical malpractice lawsuit in Illinois?

• Generally two years from the date the injury was discovered, and no more than four years after the negligent act.

What if I was a minor at the time of injury?

• You have up to eight years, but must file before your 22nd birthday.

What if I didn’t learn about the malpractice until years later?

• The discovery rule may apply, allowing the two-year countdown to start when the injury was reasonably discovered.

What if the provider covered up the error?

• You may have up to five years from discovery if fraud or concealment can be proven.

How long do these cases usually take?

• Most cases take 18–48 months, depending on complexity and court scheduling.

Is it difficult to win a medical malpractice case?

• Yes. Only about one-third of cases that go to trial are successful, but many settle beforehand.

What if I’m unsure whether malpractice occurred?

• Contact an experienced attorney for a free consultation. Early legal advice can help preserve your rights.

When Should I Call a Lawyer?

Now. If you think medical negligence played a role in your injury or the death of a loved one, do not wait. Every day matters.

A medical malpractice attorney can:

• Review your timeline and eligibility

• Identify key evidence before it’s lost

• Ensure compliance with all deadlines and documentation

• Retain qualified experts

• Fight for maximum compensation

Contact Hurley McKenna & Mertz, P.C.

Medical malpractice lawsuits aren’t just about money — they’re about accountability, closure, and justice. At Hurley McKenna & Mertz, P.C., we’ve helped thousands of victims in Illinois hold negligent providers accountable and rebuild their lives.

We bring over 35 years of experience, courtroom excellence, and an unwavering commitment to your case.

Serving clients in Chicago, Cook County, Illinois and across America.

Contact us today for a free consultation.