United States · Illinois statutory procedure
What is Illinois’s ordinary four-year medical malpractice act-based period?
Section 13-212(a) ordinarily sets a four-year act-based period for the covered licensed patient-care claim. It runs from the alleged causative act, omission or occurrence. The two-year discovery period can expire earlier. Minor, disability, concealment and fertility-fraud branches require separate review.
- Period
- Four calendar years from the causative act, omission or occurrence
- Trigger
- The alleged causative act, omission or occurrence for the covered patient-care injury or death
- Rule
- 735 ILCS 5/13-212(a)–(d)
Section 13-212 source note P.A. 103-478, effective January 1, 2024.
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Which act, omission or occurrence allegedly caused the injury?
Identify the covered Illinois-licensed defendant and patient-care injury or death claim.
Establish the alleged causative act, omission or occurrence date from the relevant record.
Establish the separate earliest knowledge or written-notice event and compare its two-year component.
735 ILCS 5/13-212(a)–(d)How does the four-year component differ from discovery?
- Identify the covered Illinois-licensed defendant and patient-care injury or death claim.
- Count four calendar years after the alleged causative act, omission or occurrence. Discovery does not automatically restart this component. The separate two-year count and the applicable statutory branches remain necessary.
- Check the final weekend, statutory holiday and the proper court’s actual calendar.
- Commence the action within the applicable combined periods and preserve the relevant treatment, act, knowledge and notice records. Complete the separately applicable affidavit and report duties.
Section 1.11 excludes a final Saturday, Sunday or statutory holiday and consecutive excluded days. Section 17(a) of the Promissory Note and Bank Holiday Act includes Pulaski Day, Good Friday and the general election for members of the House of Representatives. Check proclamations, the proper court’s actual calendar and clerk access separately. The bundled Illinois calendar covers 2026 and 2027.
5 ILCS 70/1.11What does an independently derived example show?
Fictitious example
Use the ordinary act-based component for a covered adult claim with no applicable disability or statutory exception. It does not replace the potentially earlier discovery deadline. Fictitious statutory event, independently established under the precise scope stated in this guide. Use the ordinary act-based component for a covered adult claim with no applicable disability or statutory exception. It does not replace the potentially earlier discovery deadline.
| Step | What is counted | Date |
|---|---|---|
| Established statutory event | The alleged causative act, omission or occurrence for the covered patient-care injury or death | August 2, 2023 |
| Applicable statutory period | Four calendar years from the causative act, omission or occurrence | August 2, 2027 |
Fictitious ordinary adult patient-care claim with a separately established later discovery component. This computes the four-year component and does not determine all commencement limits.
Try these dates in the calculatorWhich qualifications change this statutory calculation?
- An act date is distinct from a discovery date
- Subsection (a) measures four years from the causative act, omission or occurrence, while its two years use the earliest knowledge or written notice. Identify both chronologies.
- An earlier discovery boundary remains relevant
- A later four-year output does not permit filing beyond the otherwise applicable two-year discovery boundary. This preset calculates a component, not their automatic comparison.
- Children have a different stated scheme
- Subsection (b) addresses claims accruing while under eighteen with an eight-year act-based limit and twenty-second-birthday boundary. Its historical transition also requires the applicable edition.
- Disability timing matters
- Subsection (c) addresses disability other than minority existing at accrual. Subsection (d) addresses disability occurring later and expressly does not invalidate repose. Do not treat every disability as restarting four years.
- Express statutory exceptions require individual review
- Subsection (a) excepts Sections 13-215 and 13-215.1. Establish qualifying concealment or the specific fertility-fraud statutory claim and chronology.
- The report is a separate procedural duty
- Section 2-622 requires the stated affidavit and professional report. Its qualifying report deferral does not automatically add ninety days to the ordinary four-year commencement component.
- This calculation does not determine whether relief is available or whether the facts satisfy the statute.
- A current statutory edition does not establish the law for every historical claim. Preserve the applicable edition and actual orders.
What must be completed and preserved?
Questions about 735 ILCS 5/13-212(a)–(d)
What is Illinois’s ordinary four-year medical malpractice act-based period?
Does later discovery restart the four years?
The ordinary act-based component runs from the alleged causative act, omission or occurrence. Review the discovery count and exceptions separately.
735 ILCS 5/13-212(a)–(d)May I always wait until the four-year output?
No. The two-year discovery component may expire earlier. This calculator does not automatically select the controlling combined date.
735 ILCS 5/13-212(a)–(d)Does later legal disability invalidate repose?
Subsection (d) provides a stay for the stated later disability but expressly does not invalidate repose. At-accrual disability uses a different branch.
735 ILCS 5/13-212(a)–(d)Official statutory sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| 735 ILCS 5/13-212(a)–(d) | The specific statutory actor, triggering event, period and qualifications |
| 735 ILCS 5/13-215.1 | Specific statutory qualification referenced in the guide |
| 735 ILCS 5/2-622 | Specific statutory qualification referenced in the guide |
| 5 ILCS 70/1.11 | Triggering-day exclusion and the final eligible day |
| 205 ILCS 630/17(a), (d) | Illinois statutory holidays and consecutive excluded days |
| Illinois Supreme Court Rule 9(f) | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 11 | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 12 | Applicable court filing, service and proof requirements, separate from agency service |