Statute of limitations for medical malpractice in Illinois

Illinois medical-malpractice claims generally must be filed within two years after the claimant knew or reasonably should have known of the injury or death, but the statute also imposes a four-year outer limit from the alleged act or omission. Minor and disability rules can change the calculation.

SoL period

2 years

From the date the cause of action accrues

Important: Illinois medical malpractice has both a two-year limitations period and a four-year repose concept for many claims.

Compute your deadline

Filing deadline

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Where this rule comes from

Statute

735 ILCS 5/13-212(a)

"Patient-care malpractice claims must be brought within 2 years from discovery, but no more than 4 years from the act or omission."

Read the full statute Last verified May 7, 2026 by Juryvine Editorial

What can extend or pause this clock

Discovery rule. Section 13-212(a) uses a discovery-style trigger based on when the claimant knew or should have known of the injury or death.

Frequently asked

What is the statute of limitations for medical malpractice in Illinois?: 2 years from the date the cause of action accrues. Authority: 735 ILCS 5/13-212(a).
What if the injury wasn't immediately apparent?: Section 13-212(a) uses a discovery-style trigger based on when the claimant knew or should have known of the injury or death.

Medical Malpractice statute by state

California 1 year Florida 2 years New York 2 years 6 months Pennsylvania 2 years Texas 2 years

Other Illinois statutes of limitations

Personal Injury 2 years Wrongful Death 2 years Breach of Written Contract 10 years Breach of Oral Contract 5 years Fraud 5 years Civil Rights — 42 U.S.C. § 1983 2 years Premises Liability 2 years Product Liability 2 years

Not legal advice. Statutes of limitations are governed by complex doctrine with many exceptions. Use this page as a starting point and verify with an attorney before relying on any deadline. Juryvine is not a law firm and does not represent clients.