Statute of Limitations
- 2 years. (735 ILCS 5/13/-202)
- Medical malpractice - 2 years with Discovery Rule (claimant knew or reasonably should have known of the injury). If claimant is a minor under age eighteen, then SOL period is 8 years from date of act or omission, but no later than claimant’s twenty-second birthday. (735 ILCS §5/13-212)
Damages Cap
- None. No punitive damages in medical malpractice cases. (735 ILCS §5/2-115)
- Noneconomic damages cap in medical liability causes of action declared unconstitutional. LeBron v. Gottlieb Memorial Hospital, et al. (Cook Co: 06 L 12109, Nov. 13, 2007). Caps on damages in tort claims declared unconstitutional. Best v. Taylor Mach. Works, 179 Ill.2d 267 (1997).
Statute of Limitations
- 2 years from date of death, except for fraudulent concealment which is 5 years from date of claim. (740 ILCS §180/2)
Damages Cap
- None. No punitive damages in medical malpractice cases. (735 ILCS §5/2-115)
- Noneconomic damages cap in medical liability causes of action declared unconstitutional. LeBron v. Gottlieb Memorial Hospital, et al. (Cook Co: 06 L 12109, Nov. 13, 2007). Caps on damages in tort claims declared unconstitutional. Best v. Taylor Mach. Works, 179 Ill.2d 267 (1997).
- Nursing Home Care Act (210 ILCS 45)
- Elder Abuse and Neglect Act – (320 ILCS 20)
- Illinois Act on the Aging
Disclaimer:
While we endeavor to keep this website current, the information and laws published here are subject to change. This web site may not immediately reflect such changes, and should not be considered legal advice. Please consult a lawyer if you have a specific legal problem.
more information »About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…
