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United States · Illinois limitation periods

Which Illinois patient-care filing limits apply when the claimant was a minor?

For the covered patient-care claim, Section 13-212(b) ordinarily sets eight years from the alleged act, omission or occurrence, but no later than the claimant’s twenty-second birthday. The claimant must have been under eighteen when the cause accrued. Sections 13-215 and 13-215.1 and distinct disability provisions require separate review.

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Read why no date is calculated
Period
Eight-year event boundary compared with the twenty-second birthday
Trigger
The alleged care event, accrual, date of birth and any disability
Rule
735 ILCS 5/13-212(b)–(d)
735 ILCS 5/13-212(b)–(d)

Section 13-212, source P.A. 103-478 effective January 1, 2024. Full subsections (a)–(d) reviewed.

Source guide · No automated date

Which age and care events establish the minor branch?

The care event, minority at accrual, birthday and disability regime require multiple facts. A one-input eight-year preset cannot determine the applicable boundary.

735 ILCS 5/13-212(b)–(d)

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Which age and care events establish the minor branch?

Identify the licensed physician, dentist, registered nurse or hospital and whether the claim arises from patient care.

Establish accrual and the claimant’s age at accrual. Age only on the alleged treatment date does not answer the statutory test.

Preserve the alleged act, omission or occurrence, date of birth, disability facts and any applicable concealment or sexual-misconduct provision.

735 ILCS 5/13-212(b)–(d)

Why must the event boundary and birthday be compared?

  1. Identify the licensed physician, dentist, registered nurse or hospital and whether the claim arises from patient care.
  2. Establish accrual and the claimant’s age at accrual. Age only on the alleged treatment date does not answer the statutory test.
  3. Preserve the alleged act, omission or occurrence, date of birth, disability facts and any applicable concealment or sexual-misconduct provision.
  4. The ordinary subsection (b) branch combines an eight-year event boundary with the twenty-second birthday. Do not add eight years to discovery or assume eight years always remain. Separately assess the stated statutory exceptions and disability regime before applying counting or closed-day provisions to any resulting boundary.
  5. Commence the properly classified patient-care action and preserve the birth, accrual, care-event and exception evidence supporting the selected regime.

No computed date is published. Establish the applicable statutory periods and then check their governing counting and closed-day provisions separately.

735 ILCS 5/13-212(b)–(d)

What distinguishes the relevant statutory branches?

Fictitious comparison. One minor’s eight-year care-event anniversary falls before the twenty-second birthday. Another’s birthday occurs first. Adding eight years alone overlooks the latter claimant’s earlier ordinary boundary.

The care event, minority at accrual, birthday and disability regime require multiple facts. A one-input eight-year preset cannot determine the applicable boundary.

Which qualifications change the filing period?

Disability already present at accrual
Subsection (c) addresses legal disability other than minority present at accrual and postpones the limitations period until removal.
Disability arising after accrual
Subsection (d) stays the limitations period for qualifying later disability but expressly does not invalidate the section’s repose provisions.
Express exceptions must be considered
Subsection (b) expressly excepts Sections 13-215 and 13-215.1. Do not omit the latter sexual-misconduct provision or infer it applies from a label alone.
The 1987 transition is historical
The text preserves a specific three-year allowance from July 20, 1987 for qualifying claims affected by that amendment. It is not a fresh three-year period for current claims.
735 ILCS 5/13-212(b)–(d)
  • This source guide computes no date and does not determine whether the required facts are established.
  • Preserve the operative edition, actual documents and relevant court orders. Historical applicability requires its own review.

What must be completed and preserved?

Questions about 735 ILCS 5/13-212(b)–(d)

Which Illinois patient-care filing limits apply when the claimant was a minor?

Must the claimant have been a minor on the care date?

The express subsection (b) test is minority when the cause accrued. Establish that date independently of the alleged care event.

735 ILCS 5/13-212(b)–(d)

Can I always wait eight years after treatment?

No. The twenty-second birthday can be earlier, and the statutory exceptions require separate classification.

735 ILCS 5/13-212(b)–(d)

Does later disability erase repose?

No. Subsection (d) expressly preserves repose. Disability present at accrual is separately addressed in subsection (c).

735 ILCS 5/13-212(c), (d)

Official statutory sources and review

Provisions used (6)
Provisions used in this guide
ProvisionPurpose
735 ILCS 5/13-212(b)–(d)The specific statutory actor, triggering event, period and qualifications
5 ILCS 70/1.11Triggering-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 11Applicable court filing, service and proof requirements, separate from agency service
Illinois Supreme Court Rule 12Applicable court filing, service and proof requirements, separate from agency service
Read the official provision

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