Illinois State Medical Malpractice Law
Medical malpractice is a form of tort law by which a patient may recover damages when a doctor fails to abide by the general standard of care for the procedure at issue. In 2005, Illinois limited such cases by statute. However, that statute has been overturned.
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2005 and Before
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Before 2005, Illinois did not have limits on medical malpractice cases. Juries were free to award what they believed appropriate. Because of rising medical malpractice insurance premiums, which resulted in fewer doctors in rural areas, tort reform was enacted that limited the damages to $500,000 for doctors and $1 million for hospitals.
Unconstitutional
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In February, 2010, the Supreme Court of Illinois overturned the medical malpractice statute. The Court held that the statute took decision-making power from judges and that such was a violation of the separation of powers. Thus, juries and judges are now free again to make awards in medical malpractice cases without limitation.
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New Bill
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A new medical malpractice tort reform bill was introduced in the Illinois House of Representative in March, 2010. It has not been passed as of September, 2010.
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References
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