Illinois Medical Malpractice Statute of Limitations

The deadline rule, discovery rule, minor tolling, and notice-of-claim requirements — in plain English, with a calculator at the bottom.

Baseline SOL — Illinois Medical Malpractice
2 years

735 ILCS 5/13-212; 735 ILCS 5/2-622

What the rule actually says

2 years from discovery, with a **4-year hard repose** from the act. Combined — this is one of the shorter windows in the nation for late-discovered injuries. Minor tolling: under 18 = 8 years OR until age 22, whichever comes first. Illinois requires a **§2-622 affidavit of merit** from a qualified health professional before or shortly after filing. Wrongful-death cases: 2-year SOL runs from the date of death, not the date of the act.

Missed-SOL risk

Missing a statute of limitations is the #1 malpractice claim against plaintiff attorneys. In Illinois, the baseline is 2 years — but the tolling doctrines above can extend or shorten that. Calculate the exact deadline for YOUR case facts using the free tool:

Run the calculator for your Illinois case

Enter the incident date, discovery date, minor flag, and government-entity flag. Get the deadline in 10 seconds.

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Need more than a deadline?

MedLegal AI runs the same SOL analysis against your actual case files — then keeps going: chronology, damages model, demand letter, discovery drafting, expert opinion. 23 tools, single login, starts at $49/mo. Zero hallucinated citations (CourtListener-grounded).

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