Recent Illinois News

My View: Lawsuit reforms will create jobs in Illinois

Gov. Bruce Rauner’s call for reasonable lawsuit reforms represents a vital step in an economic come back in Illinois. The time for lawsuit reform is long overdue. For years, attempts to enact meaningful lawsuit reform has been met with fierce resistance in the...

Medical Liability Reform in Illinois

Each year, Illinois loses about half of the physicians who complete a medical residency in our state. Among those who leave, two thirds cite Illinois' reputation for lawsuit abuse as an influencing factor. An onerous medical lawsuit climate also forces existing...

New Directions in Medical Liability Reform

Medical liability reform has maintained a tenacious hold on the national policy agenda. During the first several years of the 21st century, a malpractice insurance “crisis” prompted vociferous demands by organized medicine and liability insurers for tort reforms to...

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.