Statute of Limitations
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: tolled until 18, but no later than 8 years after the act. Healthcare affidavit required at filing under 735 ILCS 5/2-622.
2 years from discovery; 4-year repose; healthcare affidavit required at filing
Where to File in Illinois
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. For minors under 18, the SoL is tolled until age 18, but the 4-year repose still applies (except for minors under 8, who have until age 8). 735 ILCS 5/13-212 governs.
Non-Economic Damages Cap: Illinois had a $500,000 cap on non-economic damages against physicians and a $1 million cap against hospitals, but the Illinois Supreme Court struck these caps as unconstitutional in Lebron v. Gottlieb Memorial Hospital (2010). 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.
Exposure in Illinois
Source: Lebron v. Gottlieb Memorial Hospital (Ill. 2010)
Source: Illinois trial court records
Clinics & Specialists 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
Your Legal Team
Patricia Okonkwo
Senior Partner
Chicago, IL
Patricia Okonkwo has spent 24 years representing children and families harmed by birth injuries in Cook County and throughout Illinois. Her practice focuses exclusively on obstetric and birth injury malpractice, including hypoxic-ischemic encephalopathy, cerebral palsy, Erb's palsy, and neonatal wrongful death. She has recovered over $200 million for birth injury families, including multiple verdicts exceeding $10 million. Patricia is known for her command of fetal heart rate tracing evidence — a highly technical area that often determines the outcome of birth injury cases — and her commitment to ensuring families have the resources to provide full lifetime care for their injured children. She lectures annually at the Illinois Trial Lawyers Association on birth injury litigation strategy.
Education
- J.D., Northwestern Pritzker School of Law (2002)
- B.S., Biology, University of Illinois at Urbana-Champaign (1999)