The following was taken from a 2009 "Illinois Health Law Update" review done by ICS General Counsel.
The law provides time limitations within which claims for medical malpractice must be filed. In Illinois, for adults, the case must be brought within 2 years after the date on which the claimant knew or should have known of the existence of the injury, but no more than 4 years after the date on which the negligent act occurred. In the case of a person under 18 years of age, the case must be brought within 8 years after the date that the action "accrued,” but not after the person's 22nd birthday. A recent case examined the question of when the clock starts to run if the injured party is a fetus.
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