Circuit Court of Cook County — Law Division
50 W Washington St, Chicago, IL 60602
Court websiteIllinois · Medical malpractice claims: harm and next steps
Medical malpractice claims: harm and next steps in Illinois
See If You Qualify
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01 · Your filing deadline
What is the deadline in Illinois?
735 ILCS 5/13-212: 2-year SOL from discovery; 4-year repose from act. Foreign objects: 2 years from discovery, no repose. Minors under 18: within 8 years of the act, and never after the 22nd birthday (13-212(b)). A lawyer can confirm yours.
2 years from discovery; 4-year repose; healthcare affidavit required at filing
Healthcare affidavit required at filing under 735 ILCS 5/2-622.
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.
02 · Where cases are heard
Where would my case be heard?
Statute of Limitations: Illinois requires medical malpractice claims to be filed within 2 years of the date the claimant knew or reasonably should have known of the injury, subject to an absolute 4-year statute of repose from the date of the negligent act. If the person was under 18 when the claim arose, the action must be brought within 8 years of the act, and never after the person's 22nd birthday. 735 ILCS 5/13-212 governs.
Illinois currently has no cap on non-economic damages in medical malpractice cases. Cook County (Chicago) juries have historically returned high verdicts.
Pre-Suit Requirements: Illinois requires a Certificate of Merit (Section 2-622 of the Code of Civil Procedure). The plaintiff must attach a certificate from a licensed healthcare professional attesting — after review of records — that there is a reasonable and meritorious cause for filing. The certificate must include a written report from the reviewing professional. Failure to file results in dismissal without prejudice.
Venue: Illinois medical malpractice cases are filed in the Circuit Court of the county where the alleged negligence occurred, where the defendant resides, or where the defendant's principal place of business is located. Cook County Circuit Court handles the largest volume of medical malpractice cases. Venue transfer for forum non conveniens is governed by 735 ILCS 5/2-104.
U.S. District Court — Northern District of Illinois
219 S Dearborn St, Chicago, IL 60604
Court websiteMedical facilities in Illinois
Northwestern Memorial Hospital — Level I Trauma Center
Rush University Medical Center — Level I Trauma Center
Advocate Christ Medical Center — Level I Trauma Center
How this works nationally
For the overall process and updates, read the Medical malpractice claims: harm and next steps overview. This page covers the local information available for Illinois.
What happens when I check?
You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.
Live in Illinois? Read what applies in your state.
Register your interest. If a participating law firm takes these cases, it may contact you.
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