Illinois law

Medical Malpractice Laws in Illinois.

Illinois medical malpractice claims must be filed within 2 years of discovery, with a 4-year statute of repose. The state follows the same modified comparative fault rules as general personal injury. Notably, Illinois has NO caps on damages in medical malpractice — the Illinois Supreme Court struck down all med mal damage caps as unconstitutional in Lebron v. Gottlieb Memorial Hospital (2010). Punitive damages are also not available in medical malpractice. An affidavit of merit from a qualified expert must be filed with the complaint.

Last verified: 2026-02-25

State law

Statute of Limitations

2 years from discovery735 ILCS 5/13-212

Medical malpractice claims must be filed within 2 years of when the plaintiff knew or should have known the injury was wrongfully caused.

Exceptions

Statute of Repose (4-Year Outer Limit) — 4 years735 ILCS 5/13-212

No medical malpractice claim may be filed more than 4 years after the negligent act or omission, regardless of discovery.

Minors (Under Age 18) — Until the child's 22nd birthday or 8 years from the act735 ILCS 5/13-212

For patients under 18, the action must be filed within 8 years of the act or omission, but in no event after the minor's 22nd birthday.

State law

Fault & Liability Rules

Modified Comparative Fault (50% Bar)735 ILCS 5/2-1116

The same modified comparative fault rules apply as in general personal injury. If the patient's fault exceeds 50% of the proximate cause, they recover nothing.

State law

Damage Caps

Compensatory Damages (Economic and Non-Economic): No capLebron v. Gottlieb Memorial Hospital (2010)

The Illinois Supreme Court struck down all caps on non-economic damages in medical malpractice in 2010, holding they violated the separation of powers clause of the Illinois Constitution. There are no caps on either economic or non-economic damages.

Punitive Damages: Not available735 ILCS 5/2-1115

Punitive damages are not available in healing art (medical) malpractice cases in Illinois.

State law

Filing Requirements

Affidavit of Merit735 ILCS 5/2-622

The plaintiff must attach to the complaint: (1) an affidavit stating a healthcare professional was consulted and believes there is reasonable and meritorious cause, and (2) a written report from the reviewing professional setting forth the reasons. Failure to file is grounds for dismissal. A 90-day extension is available if the SOL is about to expire.

State law

Official Sources

Illinois General Assembly — Statutes Illinois Courts — Lebron Decision

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Illinois.

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Medical Malpractice Laws in Illinois.

Statute of Limitations

Fault & Liability Rules

Damage Caps

Filing Requirements

Official Sources

Not Legal Advice

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