Illinois
Medical Malpractice Laws in Illinois (2026): Deadlines & Caps
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 4 primary sources cited on this page. How we verify our legal content
A medical malpractice claim in Illinois is an ordinary negligence claim under state common law: the patient must prove a duty, a breach of the accepted standard of care, causation, and damages. No Illinois statute creates that liability. What the Code of Civil Procedure (735 ILCS 5) adds is a layer of procedural and remedial rules around the claim, including the filing deadlines in 13-212, the pre-suit affidavit and report in 2-622, the comparative-fault cutoff in 2-1116, a cap on the plaintiff's contingent fee in 2-1114, and an outright bar on punitive damages in 2-1115. The deadline to sue is generally two years from when the injury was or should have been discovered, with an absolute four-year outer limit, and Illinois has no cap on compensatory damages after its previous caps were struck down. This page explains the key Illinois deadlines and requirements in plain English. It is general legal information, not legal advice for your situation.
Statute of Limitations in Illinois
Under 735 ILCS 5/13-212(a), a medical malpractice action must generally be filed within two years from the date the claimant knew, or through reasonable diligence should have known, of the injury or death. This is known as the discovery rule, and it can delay the start of the clock when an injury is not immediately obvious.
The two-year period is the general rule, but it is fact-specific. Determining exactly when a patient "should have known" of an injury can be disputed, which is one reason early legal review matters.
Statute of Repose
Illinois also imposes an absolute outer deadline. Under 735 ILCS 5/13-212(a), no claim may be brought more than four years after the date of the act or omission that allegedly caused the injury, even if the injury is discovered later.
This four-year statute of repose is a hard ceiling. Narrow exceptions exist, but for most adult patients the four-year limit cannot be extended by the discovery rule.
Damage Caps in Illinois
Illinois has no cap on compensatory medical malpractice damages, including no cap on noneconomic damages such as pain and suffering. Juries determine those amounts without a legislative ceiling. Absent a ceiling to model, our Illinois settlement calculator instead works from the wage and injury details you provide.
The state tried twice to enact caps and both were invalidated. The Illinois Supreme Court struck down a $500,000 general cap in Best v. Taylor Machine Works (1997), and in Lebron v. Gottlieb Memorial Hospital, 237 Ill. 2d 217 (2010), it struck down the 2005 caps (which had limited noneconomic damages to $500,000 against physicians and $1,000,000 against hospitals) as a violation of the separation-of-powers clause of the Illinois Constitution. Because the reform act contained an inseverability clause, the entire 2005 statute fell with the cap.
One statutory limit does survive, and it reaches a different category of damages. Under 735 ILCS 5/2-1115, in any case where the plaintiff seeks damages for medical, hospital, or other healing art malpractice, "no punitive, exemplary, vindictive or aggravated damages shall be allowed." The Wrongful Death Act restates the same bar. So the absence of a cap applies to damages that compensate the patient for actual harm; damages meant to punish the provider are not available at all.
Affidavit and Report of Merit
Illinois requires more than just a complaint to start a healing-art malpractice case. Under 735 ILCS 5/2-622, the plaintiff's attorney must file an affidavit stating that a qualified health professional has reviewed the case and concluded there is a reasonable and meritorious cause for filing, and a written report from that reviewing professional must be attached.
This pre-filing review requirement is designed to screen out claims that lack a medical basis. Failing to comply can be grounds for dismissal, so the affidavit and report are typically prepared before suit is filed. With a strict two-year limit and a review that takes time to complete, let an Illinois medical malpractice lawyer start the 2-622 review early with a free consultation (attorney advertising).
Who May Be Liable and Expert Testimony
Medical malpractice claims in Illinois can be brought against physicians, nurses, dentists, hospitals, and other licensed health-care providers when their care falls below the accepted standard of care. Hospitals may be liable for their employees and, in some cases, for the conduct of physicians on their staff.
Proving the standard of care and how it was breached almost always requires testimony from a qualified medical expert. Expert testimony is generally necessary to establish both the standard and the causal link to the patient's injury.
Comparative Negligence in Illinois
Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. A patient who is partly at fault can still recover, but any award is reduced by that patient's percentage of fault.
There is a hard cutoff: if a patient is found more than 50% responsible for the injury, that patient recovers nothing. At 50% or less, recovery is reduced proportionally rather than barred.
Wrongful-Death Medical Malpractice
When alleged malpractice causes death, the claim is brought under the Illinois Wrongful Death Act (740 ILCS 180) by the personal representative of the estate. The deadline is generally two years from the date of death, which can differ from the injury-based timeline.
The four-year statute of repose in 735 ILCS 5/13-212 can also apply to medical malpractice wrongful-death claims. Because the claimants and deadlines differ from an ordinary injury case, these claims are handled under their own framework.
How to Evaluate and Preserve a Potential Claim
If you suspect medical malpractice in Illinois, request and preserve complete medical records and note key dates, because the timeline drives the deadline analysis. The two-year and four-year limits are strict, and the Section 2-622 review takes time to complete.
Most medical malpractice attorneys offer a free initial consultation and work on a contingency-fee basis, meaning fees come from any recovery. Illinois limits that fee by statute: under 735 ILCS 5/2-1114(a), the total contingent fee for the plaintiff's attorney or attorneys cannot exceed 33 1/3% of all sums recovered. No attorney can guarantee an outcome or a dollar amount. Consult a licensed Illinois attorney to evaluate the specific facts and deadlines in your situation.
Frequently Asked Questions
What is the deadline to sue for medical malpractice in Illinois?
Generally two years from when the patient knew or should have known of the injury, under 735 ILCS 5/13-212, with an absolute four-year statute of repose from the date of the act or omission. The exact deadline depends on the facts, so it is best confirmed with a licensed Illinois attorney.
Does Illinois cap medical malpractice damages?
There is no cap on compensatory damages, including pain-and-suffering damages. The state's caps were struck down as unconstitutional in Lebron v. Gottlieb Memorial Hospital (2010), following Best v. Taylor Machine Works (1997). Punitive damages are a separate matter: 735 ILCS 5/2-1115 bars punitive, exemplary, vindictive and aggravated damages outright in healing art malpractice cases.
Do I need an expert affidavit to file in Illinois?
Yes. Under 735 ILCS 5/2-622, the plaintiff's attorney must file an affidavit and attach a written report from a qualified health professional stating there is a reasonable and meritorious cause for the action.
How much is an Illinois medical malpractice case worth?
There is no formula, and no one can promise a value. Because Illinois has no cap on compensatory damages, recovery depends on the specific economic losses, noneconomic harm, evidence, and comparative fault. Punitive damages are not available in a healing art malpractice case. A licensed attorney can assess the facts after reviewing the records.
Can I recover punitive damages for medical malpractice in Illinois?
No. Under 735 ILCS 5/2-1115, no punitive, exemplary, vindictive or aggravated damages are allowed in any case seeking damages for medical, hospital or other healing art malpractice. The Wrongful Death Act restates the same bar. Compensatory damages for actual harm remain uncapped.
How much can a lawyer charge in an Illinois medical malpractice case?
735 ILCS 5/2-1114(a) caps the total contingent fee for the plaintiff's attorney or attorneys at 33 1/3% of all sums recovered in a medical malpractice action. Costs and disbursements are handled separately under the fee agreement, so ask for the terms in writing.
What is the statute of repose in Illinois?
It is an absolute four-year deadline under 735 ILCS 5/13-212. Most adult claims cannot be filed more than four years after the act or omission, even if the injury is discovered later.
How long do minors have to file a medical malpractice claim in Illinois?
Under 735 ILCS 5/13-212(b), a minor generally has up to eight years from the act or omission, but in no event past the child's 22nd birthday.
How does comparative fault affect an Illinois case?
Illinois uses modified comparative negligence under 735 ILCS 5/2-1116. A patient's recovery is reduced by their percentage of fault, and a patient who is more than 50% at fault recovers nothing.
What is the deadline for a wrongful-death medical malpractice claim in Illinois?
Wrongful-death claims under the Wrongful Death Act (740 ILCS 180) are generally filed within two years of the date of death, and the four-year statute of repose can also apply. A licensed attorney can confirm the deadline for a specific case.
Updates
Corrected the damages section: Illinois has no cap on compensatory damages, but punitive damages are barred outright in medical malpractice cases by 735 ILCS 5/2-1115, and added the statutory 33 1/3% cap on the plaintiff's contingent attorney fee under 735 ILCS 5/2-1114.
Repaired three Illinois source links (two statute links on a retired scheme; one dead court-opinion link).
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Illinois Compiled Statutes Chapter 735, Act 5 (Code of Civil Procedure)
§ 13-212Physician or hospitalIn forcecited in 3 of our articles
(a) Except as provided in Section 13-215 or 13-215.1 of this Act, no action for damages for injury or death against any physician, dentist, registered nurse or hospital duly licensed under the laws of this State, whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whichever of such date occurs first, but in no event shall such action be brought more than 4 years after the date on which occurred the act or omission or occurrence alleged in such action to have been the cause of such injury or death.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 168 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Brucker v. Mercola (Illinois Supreme Court 2007, 227 Ill. 2d 502)“…repose. Defendants relied on section 13-212(b) of the Code (735 ILCS 5/13-212(b) (West 2006)), which provides as foll…”
- Orlak v. Loyola University Health System (Illinois Supreme Court 2007, 228 Ill. 2d 1)“…in section 13-212(a) of the Code of Civil Procedure (Code) (735 ILCS 5/13-212(a) (West 2002)). The appellate court af…”
- Tosado v. Miller (Illinois Supreme Court 1999, 188 Ill. 2d 186)“…period in section 13-212(a) of the Code of Civil Procedure (735 ILCS 5/13-212(a) (West 1992)) apply? Defendants fil…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Illinois Medical Records Retention Laws (2026 Guide), Illinois Statute of Limitations: Filing Deadlines by Case Type
§ 2-622Healing art malpracticeIn force
(a) In any action, whether in tort, contract or otherwise, in which the plaintiff seeks damages for injuries or death by reason of medical, hospital, or other healing art malpractice, the plaintiff's attorney or the plaintiff, if the plaintiff is proceeding pro se, shall file an affidavit, attached to the original and all copies of the complaint, declaring one of the following: 1. That the affiant has consulted and reviewed the facts of the case with a health professional who the affiant reasonably believes: (i) is knowledgeable in the relevant issues involved in the particular action; (ii) practices or has practiced within the last 6 years or teaches or has taught within the last 6 years in the same area of health care or medicine that is at issue in the particular action; and (iii) is qualified by experience or demonstrated competence in the subject of the case; that the reviewing health professional has determined in a written report, after a review of the medical record and other relevant material involved in the particular action that there is a reasonable and meritorious cause for the filing of such action; and that the affiant has concluded on the basis of the reviewing…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 270 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Holzrichter v. Yorath (Appellate Court of Illinois 2013, 987 N.E.2d 1)“…medical affidavit as required by Code section 2-622 (735 ILCS 5/2-622 (West 2004)). Next, the court dismissed…”
- O'Casek v. Children's Home & Aid Society (Illinois Supreme Court 2008, 229 Ill. 2d 421)“…s required by section 2-622 of the Code of Civil Procedure (735 ILCS 5/2-622 (West 2002)). Resolution of this issue…”
- Brucker v. Mercola (Illinois Supreme Court 2007, 227 Ill. 2d 502)“…to section 2-622 of the Code of Civil Procedure (the Code) (735 ILCS 5/2-622 (West 2006)), an attorney's affidavit a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2-1116Limitation on recovery in tort actionsIn forcecited in 8 of our articles
In all actions on account of bodily injury or death or physical damage to property, based on negligence, or product liability based on strict tort liability, the plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought. The plaintiff shall not be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is not more than 50% of the proximate cause of the injury or damage for which recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of fault attributable to the plaintiff. No contributory fault may be attributed to a plaintiff bringing an action for damages for personal injury based on childhood sexual abuse as defined in Section 13-202.2.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at ilga.gov
Cited in 65 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Best v. Taylor MacHine Works (Illinois Supreme Court 1997, 179 Ill. 2d 367)“…the allocation of fault and several liability provisions (735 ILCS 5/2-1116, 2-1117 (West 1996)), (3) the amendment…”
- Board of Trustees of Community College District No. 508 v. Lybrand (Illinois Supreme Court 2003, 208 Ill. 2d 259)“…iff." Ill.Rev. Stat.1987, ch. 110, par. 2-1116, codified at 735 ILCS 5/2-1116. [1] Since the 1986 version of the st…”
- Karas v. Strevell (Appellate Court of Illinois 2006, 308 Ill. Dec. 81)“…abrogated by Ill.Rev. Stat.1991, ch. 110, par. 2-1116 (now 735 ILCS 5/2-1116 (West 2004)) (adopting partial comparat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Illinois Dog Bite Laws: Liability and Victim Rights, Illinois Car Accident Laws: Fault, Insurance, and Your Claim, Utah Car Accident Laws: No-Fault, PIP, Tort Threshold, and Your Claim
§ 2-1114Contingent fees for attorneys in medical malpractice actionsIn force
(a) In all medical malpractice actions the total contingent fee for plaintiff's attorney or attorneys shall not exceed 33 1/3% of all sums recovered. (b) For purposes of determining any lump sum contingent fee, any future damages recoverable by the plaintiff in periodic installments shall be reduced to a lump sum value. (c) (Blank). (d) As used in this Section, "contingent fee basis" includes any fee arrangement under which the compensation is to be determined in whole or in part on the result obtained.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Madalinski v. St. Alexius Medical Center (Appellate Court of Illinois 2006)“…n 2-1114(c) of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/2-1114 (West 2002)). The court denied this req…”
- Wells v. St. Bernard Hospital (Appellate Court of Illinois 2013, 987 N.E.2d 1001)“…to section 2- 1114 of the Code of Civil Procedure (735 ILCS 5/2-1114 (West 2008)). The trial court g…”
- Continental Casualty Company v. Bertucci, LTD (Appellate Court of Illinois 2010)“…ce actions, section 2-1114 of the Code of Civil Procedure. 735 ILCS 5/2-1114 (West 1996). The statute, which took ef…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2-1115Punitive damages not recoverable in healing art and legal malpractice casesIn forcecited in 2 of our articles
In all cases, whether in tort, contract or otherwise, in which the plaintiff seeks damages by reason of legal, medical, hospital, or other healing art malpractice, no punitive, exemplary, vindictive or aggravated damages shall be allowed.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 32 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Tri-G, Inc. v. Burke, Bosselman & Weaver (Illinois Supreme Court 2006, 222 Ill. 2d 218)“…mplary, vindictive or aggravated damages shall be allowed." 735 ILCS 5/2-1115 (West 2002). The appellate court reje…”
- Midwest Sanitary Service, Inc. v. Sandberg, Phoenix & Von Gontard, P.C. (Illinois Supreme Court 2022, 463 Ill. Dec. 887)“…statutory prohibition on punitive damages found in 735 ILCS 5/2-1115 bar recovery of incurred puniti…”
- Brush v. Gilsdorf Modified Upon Denial of Rehearing - replaces opinion filed 11/05/02 (Appellate Court of Illinois 2003)“…on section 2-1115 of the Illinois Code of Civil Procedure (735 ILCS 5/2-1115 (West 1992)), ordered the prayer strick…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Punitive Damages in Illinois: No General Cap, Rules (2026)
Illinois Compiled Statutes Chapter 740, Act 180 (Wrongful Death Act)
§ 2(a) Every such action shall be brought by and in the names of the personal representatives of such deceased person, and, except as otherwise hereinafter provided, the amount recovered in every such action shall be for the exclusive benefit of the surviving spouse and next of kin of such deceased personIn forcecited in 6 of our articles
In every such action the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from such death, including damages for grief, sorrow, and mental suffering, and punitive damages when applicable, to the surviving spouse and next of kin of such deceased person. Nothing in this Section affects the applicability of Section 2-1115 of the Code of Civil Procedure or Section 2-102 or 2-213 of the Local Governmental and Governmental Employees Tort Immunity Act. Punitive damages are not available in an action for healing art malpractice or legal malpractice or in an action against the State or unit of local government or an employee of the State or an employee of a unit of local government in his or her official capacity. The changes made to this Section by this amendatory Act of the 103rd General Assembly apply to actions filed on and after the effective date of this amendatory Act of the 103rd General Assembly.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 142 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Carter v. SSC Odin Operating Company (Illinois Supreme Court 2012, 976 N.E.2d 344)“…surviving spouse and next of kin of such deceased person.” 740 ILCS 180/2 (West 2006). Thus, the personal…”
- Schrock v. Shoemaker (Illinois Supreme Court 1994, 159 Ill. 2d 533)“…be brought by the personal representative of the decedent. (740 ILCS 180/2 (West 1992).) As previously noted, sect…”
- In re Estate of Powell (Illinois Supreme Court 2014, 2014 IL 115997)“…complaint pursuant to the Wrongful Death Act (Act) (740 ILCS 180/2 (West 2012)) on behalf of Leona individ…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Motorcycle Accident Laws in Illinois (2026): Deadlines & Helmets, Truck Accident Laws in Illinois (2026): Deadlines & Liability, Wrongful Death Laws in Illinois (2026): Deadlines & Who Can Sue
§ 1Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, including punitive damages when applicable, in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, including punitive damages when applicable, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felonyIn forcecited in 4 of our articles
Nothing in this Section affects the applicability of Section 2-1115 of the Code of Civil Procedure or Section 2-102 or 2-213 of the Local Governmental and Governmental Employees Tort Immunity Act. Punitive damages are not available in an action for healing art malpractice or legal malpractice or in an action against the State or unit of local government or an employee of the State or an employee of a unit of local government in his or her official capacity. The changes made to this Section by this amendatory Act of the 103rd General Assembly apply to actions filed on and after the effective date of this amendatory Act of the 103rd General Assembly.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at ilga.gov
Cited in 235 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Williams v. Manchester (Illinois Supreme Court 2008)“…Doe, brought an action pursuant to the Wrongful Death Act (740 ILCS 180/1 (West 2002)). Plaintiff alleged that sh…”
- Young v. Bryco Arms (Illinois Supreme Court 2004, 213 Ill. 2d 433)“…relief seeking damages pursuant to the Wrongful Death Act (740 ILCS 180/1 et seq. (West 1998)), they seek a rem…”
- Moon v. Rhode (Illinois Supreme Court 2017, 2016 IL 119572)“…on’s complaint brought under the Wrongful Death Act (740 ILCS 180/1 et seq. (West 2012)) and the Survival A…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Sources and References
- 735 ILCS 5/13-212 - Physician or hospital (statute of limitations and 4-year repose; minors)(ilga.gov).gov
- 735 ILCS 5/2-622 - Healing art malpractice (affidavit and report of merit)(ilga.gov).gov
- 735 ILCS 5/2-1116 - Limitation on recovery in tort actions (modified comparative negligence)(ilga.gov).gov
- Illinois Wrongful Death Act, 740 ILCS 180(ilga.gov).gov
- Lebron v. Gottlieb Memorial Hospital, 237 Ill. 2d 217 (2010) - Illinois Supreme Court (damage caps struck down)(courtlistener.com)
- 735 ILCS 5/2-1115 - Punitive damages not recoverable in healing art and legal malpractice cases(ilga.gov)
- 735 ILCS 5/2-1114 - Contingent fees for attorneys in medical malpractice actions (33 1/3% cap)(ilga.gov)
- 740 ILCS 180/2 - Wrongful Death Act (2-year deadline; punitive damages unavailable for healing art malpractice)(ilga.gov)
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