(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. (b) 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 8 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 where the person entitled to bring the action was, at the time the cause of action accrued, under the age of 18 years; provided, however, that in no event may the cause of action be brought after the person's 22nd birthday. If the person was under the age of 18 years when the cause of action accrued and, as a result of this amendatory Act of 1987, the action is either barred or there remains less than 3 years to bring such action, then he or she may bring the action within 3 years of July 20, 1987. (c) If the person entitled to bring an action described in this Section is, at the time the cause of action accrued, under a legal disability other than being under the age of 18 years, then the period of limitations does not begin to run until the disability is removed. (d) If the person entitled to bring an action described in this Section is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (d) does not invalidate any statute of repose provisions contained in this Section. This subsection (d) applies to actions commenced or pending on or after the effective date of this amendatory Act of the 98th General Assembly.
13-212.Physician or hospital.
Article XIII. Limitations · Part 2. Personal Actions · Last amended 2024 · Last verified July 20, 2026
In one sentenceIllinois caps medical malpractice suits against physicians, dentists, nurses, and hospitals at 2 years from discovery of the injury, but never more than 4 years after the underlying act, with special repose rules extending to 8 years or the patient's 22nd birthday for minors.
Full Text of 735 ILCS 5/13-212
Plain-English Summary
Subsection (a) sets the general medical malpractice deadline: no action for injury or death against a licensed physician, dentist, registered nurse, or hospital, arising out of patient care, may be brought more than 2 years after the claimant knew, should have known, or received written notice of the injury or death, whichever comes first — but never more than 4 years after the act, omission, or occurrence that allegedly caused it, regardless of when the injury was discovered.
Minors get a different repose ceiling under subsection (b): the outer limit stretches to 8 years after the act or omission if the patient was under 18 when the claim accrued, but the action can never come after the patient's 22nd birthday. A 1987 savings clause gave patients whose claims were cut off or nearly cut off by that amendment a 3-year window from July 20, 1987 to sue.
Subsections (c) and (d) address legal disability apart from minority. If the claimant was under some other legal disability when the claim accrued, the period doesn't start until the disability is removed. If the claimant becomes disabled after the claim accrues but before the deadline runs, the period is stayed until the disability is removed — though that stay doesn't override the section's own repose deadlines.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in Illinois?
2 years after the claimant knew, should have known, or received written notice of the injury or death, whichever occurs first.
Is there an outer limit on a medical malpractice claim regardless of when it's discovered?
Yes. In no event may the action be brought more than 4 years after the act, omission, or occurrence alleged to have caused the injury or death.
Does a child injured by malpractice get more time to sue?
Yes. The outer limit stretches to 8 years after the act or omission for a patient under 18 at accrual, but the action can never come after the patient's 22nd birthday.
What if the patient is under a legal disability other than being a minor?
The period doesn't begin to run until that disability is removed, under subsection (c).
What if the patient becomes disabled after the claim already accrued?
The period is stayed until the disability is removed, under subsection (d), though this doesn't override the section's repose deadlines.
Amendment History
(Source: P.A. 103-478, eff. 1-1-24.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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