What Is the Statute of Limitations For Medical Malpractice In Illinois?

During an illness or after an accident, we place tremendous trust in our doctors, anticipating that they will treat our health and lives as carefully as they would their own. Unfortunately, sometimes medical providers fail to live up to the standard of care accepted by the medical community, with devastating results to patients, including injuries, worsened medical conditions, and wrongful death. Although no legal process can erase the impact of a medical malpractice injury in Illinois, a successful claim demands financial accountability and brings medical malpractice victims a sense of justice.

If you or a loved one experienced medical malpractice in Illinois, it’s crucial to understand how the state’s statute of limitations affects your claim.

Understanding Illinois’ Statute of Limitations for Medical Malpractice

Like all states, Illinois imposes a time limit on how long after a medical malpractice injury the case can be brought to court. In Illinois, medical malpractice victims have up to two years from the date of the injury to file a lawsuit. While this may seem like a generous amount of time, the statute of limitations applies to how long after the injury the case can go to court. An injury victim may file a medical malpractice claim against the negligent medical provider’s malpractice insurance far earlier than two years after the date, seeking a settlement. Then, the claimant’s attorney goes to work gathering evidence and negotiating with the insurance company. However, if the case requires litigation in court because the insurance company fails to offer an adequate settlement, the injury victim’s lawsuit must be filed within two years of the date the malpractice occurred, or the court will refuse to hear the case.

This time limit helps ensure that evidence remains available and eyewitness testimony is still reliable if a case goes to court. It also protects defendants from having to live under the indefinite threat of malpractice lawsuits.

Are There Exceptions to the Two-Year Statute of Limitations for Medical Malpractice Claims In Illinois?

Although the statute of limitations clock begins ticking for most medical malpractice cases on the day the malpractice incident occurred, the state may extend (or toll) the time limit under limited circumstances, such as the following:

• Under the discovery rule, Illinois may extend the statute of limitations for an injury victim who didn’t discover their injury until some time later, in which case they may take the case to court within two years of the discovery date or the date when they should reasonably (with due diligence) have discovered the injury. For example, if a painful stomachache is diagnosed a year after surgery as a surgical tool left in the abdomen after an appendectomy, the time limit begins on the date of the diagnosis.
• If an injury victim is a minor when the malpractice occurs, they have up to two years after their 18th birthday to file a medical malpractice claim.

Under Illinois Sec. 13-212., the law limits most medical malpractice claims, including those with delayed discovery, to no more than 4 years after the date the malpractice occurred, or up to 8 years after the injury date for a minor. If a minor is close to the age of 18 when the injury occurs, the court may not allow the full 8 years; instead, the claim must be brought no later than age 22.

If you aren’t sure about how Illinois’ statute of limitations for medical malpractice claims and its exceptions impact your claim, speak an experienced Chicago medical malpractice attorney.