Recent Illinois News

I-LAW: Voters sent clear message in election – restore fairness to courts

Results of recent judicial elections in southern Illinois demonstrate that voters don't want personal injury attorneys "ruling the court system," according to a legal reform advocate. Illinois Lawsuit Abuse Watch executive director Travis Akin pointed to Fifth...

Illinois’ Court Set to Rule on Liability Limitations

Under fire in the state of Illinois are the statute of limitations for medical liability lawsuits, with the possibility that they could be extended and leave physicians indefinitely vulnerable to medical lawsuit abuse. Currently in Illinois, wrongful death suits must...

Court case could extend medical liability

A state supreme court is set to decide whether the two-year statute of limitations for filing a wrongful death lawsuit should start, as it does now, from the time of death or from the moment the plaintiff learns of the circumstances that may have contributed to or...

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.