Illinois Medical Malpractice Laws
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
Statute of Limitations
Medical malpractice claims must be filed within 2 years of when the plaintiff knew or should have known the injury was wrongfully caused.
Exceptions
No medical malpractice claim may be filed more than 4 years after the negligent act or omission, regardless of discovery.
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.
Fault & Liability Rules
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.
Damage Caps
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 are not available in healing art (medical) malpractice cases in Illinois.
Filing Requirements
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.
Official Sources
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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