[IL] What is the time limit to sue an Illinois prison for medical malpractice?
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Short answer: 2 years.
— Medical malpractice: file within 2 years from when the injury was known or should have been known, and no later than 4 years from the act (735 ILCS 5/13-212(a)).
— Prisoner civil rights (42 U.S.C. §1983): 2-year Illinois limit, running from the violation or discovery. You must exhaust the prison grievance process before filing; grievance time can toll the deadline. Separate incidents (2024 and June 2025) may have separate clocks. Act quickly. Does that help?
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What is the time limit for filing a lawsuit against an Illinois prison for medical malpractice or prisoners’ rights violation?
When did the incident occur?
It started March 29, 2024 with a series of strokes.
Were you or someone you know directly affected?
I’m the mother/legal guardian of an inmate. She wasn’t allowed to see a doctor for 4 days. Later, 3 stroke-clinic appointments were scheduled and all were “mysteriously” canceled. On June 22, 2025, strokes started again.
Anything else the lawyer should know?
Yes.
I’m an attorney ready to help. Have you filed formal grievances with the prison/IDOC?
April has filed grievances; I’ve written letters and made calls. What’s the time limit to file a case?
Has a final grievance response been received?
April mailed the latest info to me. A new Medical Director spent 45 minutes with her, ordered tests and a stroke consult, but nothing has happened yet. On June 22, 2025, women told guards she was having a stroke; guards cuffed her, put her in a van, and placed her on watch/isolated for 12 days, where she had 3 more TIAs.
Short answer: 2 years.
— Medical malpractice: file within 2 years from when the injury was known or should have been known, and no later than 4 years from the act (735 ILCS 5/13-212(a)).
— Prisoner civil rights (42 U.S.C. §1983): 2-year Illinois limit, running from the violation or discovery. You must exhaust the prison grievance process before filing; grievance time can toll the deadline. Separate incidents (2024 and June 2025) may have separate clocks. Act quickly. Does that help?
Yes. I’ve tried firms; many won’t take prison cases or only take disability/death. My daughter wants someone to sue to improve inmate treatment. If I can’t find counsel, what can I do? Do you take cases? I can afford an attorney.
I don’t take cases personally. Try civil-rights orgs, legal aid, and law-school clinics; they often partner with private firms. File detailed complaints with IDOC and the U.S. DOJ Civil Rights Division. Preserve evidence, keep grievance copies, and move fast toward counsel and filing.
To confirm: our deadline is March 29, 2026 (two years from 3/29/2024)?
Yes—file before March 29, 2026, or you risk being time-barred.
How do I find the IDOC address and who to address? If I hire an attorney, do I still need to send it?
Springfield Illinois Department of Corrections, 1301 Concordia Court, PO Box 1927,7, Springfield, IL 62794-927. If you hire counsel, they’ll usually send legal correspondence. If the grievance process is still open, you may still need to file grievances directly to satisfy exhaustion. Keep copies of everything. Any other concerns?
One more: while in isolation, April’s property box was returned missing items—400 Christian songs, a children’s teddy-bear story, stroke notes, and case info.
That loss can be a separate claim—use the prison property grievance process; if denied, consider the Illinois Court of Claims. Original works raise potential IP issues (harder from prison without proof). Missing medical notes could support the civil-rights claim, especially if it looks intentional/retaliatory. File a detailed property grievance listing each item and value; keep copies.
In March 2024, we sent a preservation request for camera footage of her begging for medical care for 4 days. High-level meetings were held; someone asked if April was a liar (staff said no). They tried to transfer her to Joliet mental hospital; Dr. Sawyer and MHP Baker opposed it. In June 2025, they tried again. She hasn’t needed psych meds in 16 years. We fear they’re trying to reframe strokes as psychiatric to avoid liability.
Thanks—this could support retaliation/deliberate indifference. Preserving camera footage and documenting those meetings and supportive staff is important.
