Recent Illinois News
Malpractice Risks for Docs Who Oversee NPs or PAs
Court cases show that physicians continually underestimate their liability in supervising nurse practitioners (NPs) and physician assistants (PAs). Even in states that have abolished requirements that NPs be physician-supervised, physicians may still be liable...
How this bill would worsen liability climate, hurt the economy
SOURCE: American Medical Association Illinois physicians recently escaped seeing the medical liability climate in the state become even more burdensome, but now face another challenge. Gov. J.B. Pritzker recently vetoed a bill that would have required physicians to...
April 2021 Newsletter
Increasing liability premiums dim post-pandemic outlook As health care professionals look ahead to post-pandemic care, rising liability insurance premiums create an uncertain future and dimming hopes of a swift recovery. After holding steady for over a decade, new...
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. |