Medical malpractice in Illinois
No current damages cap
Illinois does not currently cap medical malpractice damages. Filing deadlines combine a two-year discovery rule with a four-year outer limit for most adult claims.
Last reviewed September 22, 2026
- Damages cap
- None
- Usual filing window
- 2 years
- Outer limit
- 4 years
Earlier noneconomic caps were struck down in 2010
From discovery of the injury, for most adults
From the act or omission, for most adult claims
Damage caps
Earlier noneconomic caps were struck down in Lebron v. Gottlieb Memorial Hospital (2010). Juries may award economic and noneconomic damages based on the evidence, subject to ordinary judicial review of excessive awards.
Not capped
Economic damages
Illinois does not set a statutory cap on economic damages in a medical malpractice case.
Not enforceable
Noneconomic damages
Illinois does not have an enforceable statutory cap on noneconomic damages in a medical malpractice case. The legislature enacted caps in 2005. The Illinois Supreme Court later held them unconstitutional.
The act included an inseverability clause. When the caps fell, related reforms in that act fell with them. Do not treat the 2005 cap amounts as current limits.
Lebron v. Gottlieb Memorial Hospital. In 2010, the Illinois Supreme Court held the noneconomic damage caps in the 2005 reform act unconstitutional. The Court relied on separation of powers. The act's inseverability clause brought related reforms down with the caps. This page does not treat those caps as enforceable.
Filing deadlines
Adults generally must sue within two years of discovering the injury, and no later than four years after the care at issue. Minors have a longer window that still ends by age 22 under section 13-212.
- Adults
The claimant generally has two years after they knew, or through reasonable diligence should have known, of the injury or death. The claim is in no event more than four years after the act, omission, or occurrence.
- Minors
A minor's claim is generally eight years from the act or omission, but not after the person's 22nd birthday.
- Legal disability
Section 13-212 has special timing rules for a person under a legal disability. Those rules do not erase the outer limit.
- Fraudulent concealment
A separate statute, 735 ILCS 5/13-215, can affect timing when the defendant fraudulently concealed the claim.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
Legislative caps did not survive review
Illinois is treated as a no-cap state after courts rejected earlier damages caps, including the medical malpractice caps in Lebron. A pending bill is not current law.
Large venues appear in verdict reports
Cook County and other large venues appear often in public verdict reporting. This page does not rank venues or state how often claims are filed in any court.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for an Illinois case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. The Illinois Supreme Court held the 2005 noneconomic caps unconstitutional in Lebron. This page does not treat those caps as enforceable.
- 735 ILCS 5/13-212 (opens in a new tab)Accessed September 22, 2026
- Lebron v. Gottlieb Memorial Hospital (Illinois Supreme Court opinion) (opens in a new tab)Accessed September 22, 2026
- Lebron opinion, HTML copy (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with an Illinois attorney about how the Lebron decision and section 13-212 deadlines apply to your facts.