What Is the Medical Malpractice Statute of Limitations in Illinois?

Some injuries are not discovered until a period of time, sometimes years, after a medical procedure is completed. For example, a foreign object left behind during surgery may not be detected until after it causes harm and is discovered during an imaging test or subsequent surgery.

The discovery rule allows the clock on the statute of limitations to start ticking on the date the object is discovered rather than on the date it was left behind. If the injury is discovered one year after the surgery, you may have until two years after that date to file your claim, which amounts to three years from the date of surgery.

The date of discovery is the date you knew or should have known about the injury. A defendant may refute the discovery date by claiming you should have discovered it on an earlier date. The date on which you should have known about the injury is either of the following:

• The date a reasonably diligent person would have discovered the injury
• The date on which you received notification in writing that the injury occurred

For the benefit of your health and to prevent a defendant from prevailing in such a dispute, we advise promptly following up with your health care provider about any unusual symptoms following a medical procedure.