What Is the Statute of Limitations for Medical Malpractice in Illinois?

Medical malpractice occurs when a healthcare provider — such as a doctor, nurse, pharmacist, or hospital—fails to meet the standard of care expected in their profession, resulting in harm to a patient. If you or a loved one suffered injuries due to medical negligence in Illinois, it’s crucial to understand the deadlines for filing a lawsuit. These legal deadlines are called statutes of limitations, and they determine how long you have to take action.

The Basic Deadline: 2 Years from Discovery

Under Illinois law (735 ILCS 5/13-212), most medical malpractice claims must be filed within 2 years of the date the patient:

• Knew or reasonably should have known about the injury, and

• Knew or should have known that the injury may have been caused by a healthcare provider’s negligent act or omission

This is known as the discovery rule, and it protects patients who don’t immediately realize they’ve been harmed. For example, you might not discover that a surgeon left a foreign object inside your body or that a cancer diagnosis was missed until months or even years later.

Absolute Deadline: 4-Year Statute of Repose

Regardless of when you discover the error, Illinois law states that a competent adult must file a medical malpractice claim no later than 4 years from the date the malpractice occurred. This is known as the statute of repose and applies even if the patient didn’t know about the mistake until later.

Example:

• A surgical error occurs on January 1, 2021

• The patient discovers the issue in 2024

• The patient must file no later than January 1, 2025, to comply with the 4-year deadline

Exceptions for Minors in Illinois Medical Malpractice Cases

Illinois law recognizes that children cannot reasonably be expected to recognize or act on medical malpractice on their own. As a result, the statute of limitations is extended when the victim is under 18 years old at the time of the malpractice.

Here’s how it works:

• A minor’s lawsuit can be filed up to 8 years after the date the malpractice occurred.

• However, regardless of the 8-year period, the lawsuit must be filed before the child's 22nd birthday.

• This special rule gives children additional time to discover and respond to injuries that might not be immediately obvious during early development.

• If the injured minor has a brain injury, the statute of limitations is extended even further--it does not expire for as long as the child continues to have a brain injury, even into adulthood.

Important Points to Remember:

• Parents or legal guardians can file the lawsuit on behalf of the child at any time before these deadlines.

• In cases involving birth injuries, developmental delays, or long-term disabilities, it's crucial to act early — evidence can be lost, and expert evaluations often take time.

• Early investigation strengthens your ability to prove negligence and damages.

Bottom Line: Even though the law gives minors more time, early legal action offers the best chance for a successful claim — and for securing compensation that can support the child's long-term medical, educational, and care needs.

Exception for Legal Disability

If the patient was under a legal disability at the time the medical malpractice occurred, Illinois law pauses — or "tolls" — the statute of limitations until the disability is removed. A legal disability typically means the individual was mentally impaired, intellectually disabled, or incapacitated in a way that prevented the injured person from understanding or managing their own legal affairs.

Common examples of legal disability include:

• Severe mental illness (such as schizophrenia or major cognitive disorders)

• Developmental disabilities

• Severe physical conditions that impair communication or decision-making

• Coma or prolonged unconsciousness

• Legal incapacity recognized by a court

Because cases involving legal disability are fact-specific and sometimes challenged by defense attorneys, it’s important to consult an experienced medical malpractice lawyer as soon as possible to preserve all rights.

Wrongful Death and Medical Malpractice

When a patient dies as a result of medical malpractice, the case shifts from a personal injury claim to a wrongful death action under Illinois law. While the rules for filing are similar to medical malpractice claims, there are important distinctions families need to understand.

Key Deadlines:

• The wrongful death lawsuit must be filed within 2 years of the date of death — not necessarily the date of the original malpractice -- but this area of the law is complex and each case is different, which is why the facts of each wrongful death medical malpractice must be analyzed an experienced attorney who specializes in handling medical malpractice cases.

• In addition, exceptions apply if the survivors are minors.

Important Considerations:

• Who can file: Typically, the personal representative of the deceased’s estate files the wrongful death claim on behalf of surviving family members (such as a spouse, children, or parents).

• Damages: Wrongful death damages may include funeral expenses, loss of financial support, loss of companionship, and grief and mental suffering of survivors.

Why Acting Quickly Matters:

Wrongful death malpractice cases can be complex. Evidence must be preserved, experts must review medical records, and a personal representative must be appointed through the probate court if one does not already exist. Working with an experienced attorney as soon as possible helps ensure your family's rights are protected.

Why It’s Critical to Act Quickly

When it comes to medical malpractice claims in Illinois, time is absolutely critical.

The law is unforgiving: If you miss the filing deadline by even a single day, your case can be permanently dismissed—no matter how strong or heartbreaking your claim might be.

Why acting quickly matters:

Loss of Vital Evidence:

Over time, critical evidence can be lost, altered, or destroyed:

• Medical records may be purged or become harder to retrieve.

• Internal hospital policies or notes may change.

• Witness memories fade, and healthcare staff involved may leave, retire, or become unreachable.

• Physical evidence, like surgical instruments or pathology samples, may be discarded.

Difficulty Securing Expert Testimony:

Medical malpractice cases in Illinois require a qualified medical expert to review the records and certify that malpractice occurred (through an Affidavit of Merit).

Experts need time to carefully review records, research standards of care, and prepare opinions — and finding the right expert becomes harder if you're already nearing deadlines.

Insurance Company Advantage:

Delays can give insurance companies and hospital defense teams a significant head start.

They may prepare defenses, shift blame, or position your case as "too old" or "too speculative" to succeed. Filing early ensures you control the pace of your claim.

Peace of Mind:

Starting the legal process quickly gives you more time to focus on your health, recovery, and financial stability. It also allows your attorney to thoroughly build a strong case without racing against the clock.

Get Help from an Illinois Medical Malpractice Attorney

At Hurley McKenna & Mertz, P.C., we represent individuals and families throughout Illinois who have been harmed by negligent healthcare. Our legal team can evaluate your case, identify applicable deadlines, and take immediate steps to preserve your right to compensation.

If you believe you’ve been the victim of medical malpractice, don’t delay. Contact us for a free consultation today.

Helping clients in Chicago, Cook County, and across the state of Illinois, and across America.