MedMalPredict

Illinois · IL

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

Earlier noneconomic caps were struck down in 2010

Usual filing window
2 years

From discovery of the injury, for most adults

Outer limit
4 years

From the act or omission, for most adult claims

01

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.

Lebron v. Gottlieb Memorial Hospital (opens in a new tab)

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.

Lebron v. Gottlieb Memorial Hospital (opens in a new tab)

02

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.

735 ILCS 5/13-212 (opens in a new tab)

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.

735 ILCS 5/13-212 (opens in a new tab)

03

What cases often look like

These notes describe public legal patterns. They are not case counts, win rates, or rankings.

  1. 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.

    Lebron v. Gottlieb Memorial Hospital (opens in a new tab)

  2. 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.

04

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.

05

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.

  1. 735 ILCS 5/13-212 (opens in a new tab)Accessed September 22, 2026
  2. Lebron v. Gottlieb Memorial Hospital (Illinois Supreme Court opinion) (opens in a new tab)Accessed September 22, 2026
  3. 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.

Disclaimer

This page summarizes publicly available state law for general information. It is not legal advice. Deadlines and caps can change. Consult a licensed attorney in the state for advice on a specific case.

Last reviewed September 22, 2026.