Recent Illinois News

November 2024 Newsletter

Socializing and improving safeguards against liability Social media presents unique risks for health care professionals, making well-crafted policies essential to mitigate growing liability concerns. Physician’s Weekly presents a podcast series offering fresh...

MPL Severity on the Rise: A Gathering Storm

Although the number of medical professional liability (MPL) lawsuits, known as claim frequency, has decreased during the past decade, the average amount spent overall on claims, known as severity, continues to increase. Frequency did not spike even after the COVID-19...

The United States is experiencing a growing OB-GYN shortage. Here’s why.

The United States is facing a shortage of obstetrician-gynecologists that is only expected to worsen moving forward. There were about 50,800 OB-GYNs practicing in the U.S. in 2018, already too few to meet the country’s rising demand. Roughly 3,000 fewer OB-GYNs will...

Current Medical Liability Laws

Damage Caps	No Cap. $500,000 cap on noneconomic damages for awards against physicians. $1 million cap on noneconomic damages for awards against hospital. (2005). Ruled unconstitutional – LeBron v. Gottlieb Memorial Hospital, 930 N.E.2D 895 (Ill. 2010).
Joint Liability Reform	Several liability only when a defendant is 25 percent or more at fault. Exception: environmental polluters and negligent parties in medical malpractice actions are always joint and severally liable.
Collateral Source Reform	Collateral Source rule applies.
Attorney Fees Limited	Yes. Fees are limited to one-third of a plaintiff’s award.
Periodic Payments Permitted	Yes. Either party may elect or the court may order partial payment of future medical expenses through an annuity. The court must order the defendant to pay to the plaintiff 20% of the present cash value of future medical expenses and cost of life care. The remaining 80% shall be paid for through an annuity. Ruled unconstitutional – LeBron v. Gottlieb Memorial Hospital, 930 N.E.2D 895 (Ill. 2010). Note however, that the Illinois Supreme Court ruled only that the cap on noneconomic damages was unconstitutional. Because no part of the law was severable, e.g., those concerning periodic payments, those other provisions were rendered unconstitutional. Accordingly, the court stated that “We emphasize, however, that because the other provisions contained in Public Act 94- 677 are deemed invalid solely on inseverability grounds, the legislature remains free to reenact any provisions it deems appropriate. LeBron, at 250.