Illinois Statute of Limitations for Medical Malpractice
In Illinois, the statute of limitations for medical malpractice is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: 735 ILCS 5/13-212.
- 2 years from discovery, with a 4-year statute of repose from the act. Minors under 8 have until age 8.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
2 years from discovery, with a 4-year statute of repose from the act. Minors under 8 have until age 8.
General Illinois Rules
Illinois has one of the longest limitation periods for written contracts at 10 years. The discovery rule applies broadly in Illinois, particularly for personal injury and medical malpractice. Illinois has a 4-year statute of repose for medical malpractice.
Other Statutes of Limitations in Illinois
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in Illinois?
The statute of limitations for medical malpractice in Illinois is 2 years. Citation: 735 ILCS 5/13-212.
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When does the clock start for medical malpractice in Illinois?
2 years from discovery, with a 4-year statute of repose from the act. Minors under 8 have until age 8.
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Can the statute of limitations for medical malpractice be extended in Illinois?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.