Subject to the provisions of Section 2-1705, in all medical malpractice actions the provisions of this Act shall be applicable.
2-1701.Application.
Article II. Civil Practice · Part 17. Healing Art Malpractice · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-1701 states that Illinois’s Healing Art Malpractice provisions apply to all medical malpractice actions, subject to the now-repealed Section 2-1705.
Full Text of 735 ILCS 5/2-1701
Plain-English Summary
Section 2-1701 opens Part 17, and it does one job: it tells courts and litigants that the provisions of this Part — the definitions of economic and non-economic loss, past and future damages, and what counts as a medical malpractice action — apply across the board to medical malpractice actions in Illinois.
The section frames that application as “subject to the provisions of Section 2-1705.” Section 2-1705, however, has since been repealed by Public Act 101-404, effective August 16, 2019, so the qualifying language that once conditioned this Part’s reach through that section no longer has a companion provision to point to.
Enacted in 1985 by Public Act 84-7, this section has not itself been amended since, even as most of the rest of Part 17 was later repealed piece by piece. It remains the threshold statement that the surviving sections of this Part — Sections 2-1702 through 2-1704 — govern medical malpractice actions generally.
Frequently Asked Questions
What does Section 2-1701 require?
It states that, subject to Section 2-1705, the provisions of this Part apply in all medical malpractice actions. It sets the scope of the Part rather than a substantive rule of its own.
Is Section 2-1705 still part of the Illinois Code of Civil Procedure?
No. Section 2-1705 was repealed by Public Act 101-404, effective August 16, 2019, even though Section 2-1701 still refers to it by number.
Which sections of Part 17 remain in force?
Sections 2-1701 through 2-1704 remain active, setting the scope of this Part and defining economic and non-economic loss, past and future damages, and what counts as a medical malpractice action. Every numbered section after 2-1704 in this Part has been repealed.
When was Section 2-1701 enacted?
It was enacted by Public Act 84-7 in 1985, and it has not been amended since.
Does Section 2-1701 apply to every lawsuit against a doctor or hospital?
It applies to medical malpractice actions as defined in Section 2-1704 — any action, in tort, contract, or otherwise, in which the plaintiff seeks damages for injury or death from medical, hospital, or other healing art malpractice.
Amendment History
(Source: P.A. 84-7.)
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
Also known as: Illinois healing art malpractice Part 17medical malpractice statute IllinoisSection 2-1701 Illinoisscope of medical malpractice provisions Illinois