Illinois · Medical Malpractice
Illinois medical malpractice damage caps and statute of limitations
Refreshed 2026. Cap ruled unconstitutional damage cap. 2 years from discovery of injury. Full breakdown below.
Damage caps
No statuteNon-economic damages cap
None
Total damages cap
None
Status
unconstitutional
Notes
Caps ruled unconstitutional in LeBron v. Gottlieb Memorial Hospital (2010). Court held cap violated separation of powers (judiciary's function to reduce excessive verdicts).
Statute of limitations
735 ILCS 5/13-212Standard SOL
2 years from discovery of injury
Discovery rule
Yes; runs from when plaintiff knew or should have known
Statute of repose
4 years from act or omission
Minor exception
For children under 14: SOL extended to 8 years from act. For children 14+: subject to standard 4-year repose.
Wrongful death SOL
2 years from date of death, subject to same discovery/repose rules
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Illinois med-mal FAQ
What is the medical malpractice statute of limitations in Illinois?+
2 years from discovery of injury. Yes; runs from when plaintiff knew or should have known Statute of repose: 4 years from act or omission. Wrongful death: 2 years from date of death, subject to same discovery/repose rules. Source: 735 ILCS 5/13-212.
Does Illinois have a medical malpractice damage cap?+
No active cap. Caps ruled unconstitutional in LeBron v. Gottlieb Memorial Hospital (2010). Court held cap violated separation of powers (judiciary's function to reduce excessive verdicts).
How does Illinois handle the discovery rule in med-mal cases?+
Yes; runs from when plaintiff knew or should have known
What is the Illinois minor exception for medical malpractice?+
For children under 14: SOL extended to 8 years from act. For children 14+: subject to standard 4-year repose.
What is the wrongful death statute of limitations for Illinois medical malpractice?+
2 years from date of death, subject to same discovery/repose rules
Other state lookups
This tool is informational. It is not legal advice. Illinois damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Illinois attorney before relying on a deadline. Data refreshed May 2026.