Illinois law places strict deadlines on filing a medical malpractice lawsuit. In most cases, a claim must be filed within two years unless discovered later. Generally, a medical malpractice lawsuit must be filed within four years from the date the alleged negligence occurred, regardless of when the injury was discovered.

​​

• Statute of Limitations for Minors- When the injured patient was under the age of 18 at the time of the medical malpractice, different deadlines apply. In these situations, the law allows a claim to be filed within eight years of the date of the negligence, but no later than the patient’s 22nd birthday. The applicable deadline is whichever of these occurs first.

​​

• Statute of Limitations for Individuals with a Legal Disability- If a person is under a legal disability—such as being legally determined to be mentally incompetent—at the time the malpractice occurs, the statute of limitations may be delayed. In those circumstances, the filing deadline generally does not begin to run until the disability has been removed.​  If the legal disability arises after the alleged malpractice occurred, the statute of limitations may be temporarily paused until the disability is lifted.