Recent Illinois News
Legal reform advocates point to medical malpractice figures in New York, Pennsylvania
ALBANY, N.Y. (Legal Newsline) – Experts who have watched medical malpractice lawsuits skyrocket in states like New York, Rhode Island and New Jersey say lawmakers have made it too easy and attractive to sue and reform must happen. “New Yorkers once again pay more for...
December 2017 Newsletter
Year-end report sheds light on “Judicial Hellholes” The American Tort Reform Association (ATRA) end-of-year “Judicial Hellholes” report offers a public glimpse at the most unfriendly jurisdictions for those defending themselves against civil litigation, including...
High Court’s Contempt for Lawmakers’ Authority, Lawsuit Rackets Place Florida atop Latest ‘Judicial Hellholes’ List
WASHINGTON, D.C., December 5, 2017 – The American Tort Reform Foundation issued its 2017-2018 Judicial Hellholes® report today, naming courts in Florida, California, Missouri, New York, Pennsylvania, New Jersey, Illinois and Louisiana among the nation’s “most unfair”...
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. |