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| Public Act 098-1077 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Sections 13-211, 13-212, and 13-214.3 as follows:
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(735 ILCS 5/13-211) (from Ch. 110, par. 13-211)
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Sec. 13-211. Minors and persons under legal disability. | ||||
(a) If the person
entitled to bring an action, specified in | ||||
Sections 13-201 through 13-210
of this Code Act, at the time | ||||
the cause of action accrued, is under the age of
18 years, or | ||||
is under a legal disability, then he or she may bring the
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action within 2 years after the person attains the age of 18 | ||||
years, or the
disability is removed. | ||||
(b) If the person
entitled to bring an action specified | ||||
under Sections 13-201 through 13-210
of this Code is not under | ||||
a legal disability at the time the cause of action accrues, but | ||||
becomes under a legal disability before the period of | ||||
limitations otherwise runs, the period of limitations is stayed | ||||
until the disability is removed. This subsection (b) does not | ||||
invalidate any statute of repose provisions contained in | ||||
Sections 13-201, 13-202, 13-202.1, 13-202.2, 13-202.3,
13-203, | ||||
13-203.1, 13-204, 13-207, 13-208, 13-209, and 13-210 of
this | ||||
Code. In no event shall the period of limitations for a
cause | ||||
of action under Section 13-205 or 13-206 of this Code be
stayed | ||
in excess of 10 years from the date of the adjudication
of | ||
legal disability. This subsection (b) applies to actions | ||
commenced or pending on or after the effective date of this | ||
amendatory Act of the 98th General Assembly.
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(Source: P.A. 85-18; 85-907; 86-1329.)
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(735 ILCS 5/13-212) (from Ch. 110, par. 13-212)
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Sec. 13-212. Physician or hospital.
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(a) Except as provided in Section
13-215 of this Act, no | ||
action for damages for injury or death against any
physician, | ||
dentist, registered nurse or hospital duly licensed under
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laws of this State, whether based upon tort, or breach of | ||
contract, or
otherwise, arising out of patient care shall be | ||
brought more than 2 years
after the date on which the claimant | ||
knew, or through the use of reasonable
diligence should have | ||
known, or received notice in writing of the existence
of the | ||
injury or death for which damages are sought in the action,
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whichever of such date occurs first, but in no event shall such | ||
action be
brought more than 4 years after the date on which | ||
occurred the act or
omission or occurrence alleged in such | ||
action to have been the cause of
such injury or death.
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(b) Except as provided in Section 13-215 of this Act, no | ||
action for
damages for injury or death against any physician, | ||
dentist, registered
nurse or hospital duly licensed under the | ||
laws of this State, whether based
upon tort, or breach of | ||
contract, or otherwise, arising out of patient care
shall be | ||
brought more than 8 years after the date on which
occurred the | ||
act or omission or occurrence alleged in such action to have
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been the cause of such injury or death where the person | ||
entitled to bring
the action was, at the time the cause of | ||
action accrued, under the age of
18 years; provided, however, | ||
that in no event may the cause of action be
brought after the | ||
person's 22nd birthday. If the person was under the age
of 18 | ||
years when the cause of action accrued and, as a result of this
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amendatory Act of 1987, the action is either barred or there | ||
remains less
than 3 years to bring such action, then he or she | ||
may bring the action
within 3 years of July 20, 1987.
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(c) If the person entitled to bring an action
described in | ||
this Section is, at the time the cause
of action accrued, under | ||
a legal disability other than being under
the age of 18 years, | ||
then the period of limitations does
not begin to run until the | ||
disability is removed. | ||
(d) If the person
entitled to bring an action described in | ||
this Section is not under a legal disability at the time the | ||
cause of action accrues, but becomes under a legal disability | ||
before the period of limitations otherwise runs, the period of | ||
limitations is stayed until the disability is removed. This | ||
subsection (d) does not invalidate any statute of repose | ||
provisions contained in this Section. This subsection (d) | ||
applies to actions commenced or pending on or after the | ||
effective date of this amendatory Act of the 98th General | ||
Assembly.
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(Source: P.A. 85-18; 85-907; 86-1329.)
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(735 ILCS 5/13-214.3) (from Ch. 110, par. 13-214.3)
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(Text of Section WITHOUT the changes made by P.A. 89-7, | ||
which has been held
unconstitutional)
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Sec. 13-214.3. Attorneys.
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(a) In this Section: "attorney" includes (i) an individual | ||
attorney,
together with his or her employees who are attorneys, | ||
(ii) a professional
partnership of attorneys, together with its | ||
employees, partners, and
members who are attorneys, and (iii) a | ||
professional service corporation of
attorneys, together with | ||
its employees, officers, and shareholders who are
attorneys; | ||
and "non-attorney employee" means a person who is not an
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attorney but is employed by an attorney.
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(b) An action for damages based on tort, contract, or | ||
otherwise (i)
against an attorney arising out of an act or | ||
omission in the performance of
professional services or (ii) | ||
against a non-attorney employee arising out
of an act or | ||
omission in the course of his or her employment by an attorney
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to assist the attorney in performing professional services
must | ||
be commenced within 2 years from
the time the person bringing | ||
the action knew or reasonably should have
known of the injury | ||
for which damages are sought.
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(c) Except as provided in subsection (d), an action | ||
described in
subsection (b) may not be commenced in any event | ||
more than 6 years after
the date on which the act or omission | ||
occurred.
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(d) When the injury caused by the act or omission does not
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occur until
the death of the person for whom the professional | ||
services were rendered,
the action may be commenced within 2 | ||
years after the date of the person's
death unless letters of | ||
office are issued or the person's will is admitted
to probate | ||
within that 2 year period, in which case the action must be
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commenced within the time for filing claims against the estate | ||
or a
petition contesting the validity of the will of the | ||
deceased person,
whichever is later, as provided in the Probate | ||
Act of 1975.
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(e) If the person entitled to bring the action is under the | ||
age of
majority or under other legal disability at the time the | ||
cause of action
accrues, the period of limitations shall not | ||
begin to run until majority is
attained or the disability is | ||
removed. | ||
(f) If the person
entitled to bring an action described in | ||
this Section is not under a legal disability at the time the | ||
cause of action accrues, but becomes under a legal disability | ||
before the period of limitations otherwise runs, the period of | ||
limitations is stayed until the disability is removed. This | ||
subsection (f) does not invalidate any statute of repose | ||
provisions contained in this Section. This subsection (f) | ||
applies to actions commenced or pending on or after the | ||
effective date of this amendatory Act of the 98th General | ||
Assembly.
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(g) (f) This Section applies to all causes of action | ||
accruing on or after
its effective date.
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(Source: P.A. 86-1371.)
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