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Rep. John A. Fritchey
Filed: 5/30/2005
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09400HB4074ham006 |
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LRB094 12274 WGH 47433 a |
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| AMENDMENT TO HOUSE BILL 4074
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| AMENDMENT NO. ______. Amend House Bill 4074 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. If and only if the provisions of Senate
Bill |
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| 475 of the 94th General Assembly adding Section 2-1706.5 to the |
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| Code of Civil Procedure become law, the Code of Civil Procedure |
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| is amended by changing Section 2-1706.5 as follows:
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| (735 ILCS 5/2-1706.5) |
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| Sec. 2-1706.5. Standards for economic and non-economic |
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| damages. |
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| (a) In any medical malpractice action or wrongful death |
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| action based on medical malpractice in which economic and |
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| non-economic damages may be awarded, the following standards |
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| shall apply: |
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| (1) In a case of an award against a hospital and its |
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| personnel or hospital affiliates, as defined in Section |
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| 10.8 of the Hospital Licensing Act, the total amount of |
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| non-economic damages shall not exceed $1,000,000 awarded |
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| to all plaintiffs in any civil action arising out of the |
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| care. |
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| (2) In a case of an award against a physician and the |
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| physician's business or corporate entity and personnel or |
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| health care professional, the total amount of non-economic |
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| damages shall not exceed $500,000 awarded to all plaintiffs |
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09400HB4074ham006 |
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LRB094 12274 WGH 47433 a |
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| in any civil action arising out of the care. |
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| (3) In awarding damages in a medical malpractice case, |
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| the finder of fact shall render verdicts with a specific |
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| award of damages for economic loss, if any, and a specific |
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| award of damages for non-economic loss, if any. |
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| The trier of fact shall not be informed of the provisions |
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| of items (1) and (2) of this subsection (a).
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| (b) In any medical malpractice action where an individual |
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| plaintiff earns less than the annual average weekly wage, as |
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| determined by the Illinois Workers' Compensation Commission, |
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| at the time the action is filed, any award may include an |
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| amount equal to the wage the individual plaintiff earns or the |
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| annual average weekly wage. |
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| (c) This Section applies to all causes of action accruing |
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| on or after the effective date of this amendatory Act of the |
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| 94th General Assembly.
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| (d) Notwithstanding any other provision of this Section, |
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| this Section does not apply to any medical malpractice action |
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| or wrongful death action based on medical malpractice that is |
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| properly brought and maintained in the circuit court in a |
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| county that has a population in excess of 3,000,000.
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| (Source: 94SB0475ham001.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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