How long do I have to file a medical malpractice claim in Illinois?
2 years
Illinois medical malpractice: 2 years from the incident.
Governing statute: 735 ILCS 5/13-212. Verified against the published code: 2026-06-22.
Illinois Medical Malpractice Deadline Calculator
Clock generally starts on the date of the negligent act, or when the injury was discovered, depending on the state.
The bottom line
In Illinois, you generally have 2 years to file a medical malpractice lawsuit, counted from the date of the negligent act, or when the injury was discovered, depending on the state (735 ILCS 5/13-212). Most states layer a 'statute of repose' (an absolute outer cutoff) on top of the limitation period, and many require a pre-suit notice and/or an expert affidavit of merit. Foreign-object and minor-patient rules vary widely.
Don't risk your deadline
Missing the statute of limitations usually ends your case permanently. Talk to a medical malpractice attorney—most offer a free consultation.
How long do I have to file a medical malpractice lawsuit in Illinois?
2 years, generally from the date of the negligent act, or when the injury was discovered, depending on the state (735 ILCS 5/13-212).
When does the medical malpractice clock start in Illinois?
the date of the negligent act, or when the injury was discovered, depending on the state. Most states layer a 'statute of repose' (an absolute outer cutoff) on top of the limitation period, and many require a pre-suit notice and/or an expert affidavit of merit. Foreign-object and minor-patient rules vary widely.
What happens if I miss the deadline?
Filing after the statute of limitations almost always means the court will dismiss your case and you lose the right to recover. A few narrow exceptions (tolling, the discovery rule, minority) can extend it — an attorney can tell you whether any apply.
Not legal advice. This page is informational only and is not a substitute for advice from a licensed attorney. Statutes of limitations are subject to many exceptions — tolling, the discovery rule, minority (under-18) and incapacity rules, government notice-of-claim deadlines (often far shorter), and statutes of repose — any of which can shorten or lengthen the deadline in your specific case. The governing statute citation and the date it was verified are shown above so you can confirm the current text yourself. Never rely on this page to decide whether you can or cannot sue. Consult a licensed attorney in your state before your deadline.