HB4847sam006 93RD GENERAL ASSEMBLY

Sen. David Luechtefeld

Filed: 5/31/2004

09300HB4847sam006 LRB093 14813 WGH 51987 a

AMENDMENT TO HOUSE BILL 4847

AMENDMENT NO. ______. Amend House Bill 4847, AS AMENDED, in the introductory clause of Section 330, by inserting "2-1706.5," after "2-1105.01,"; and

in Section 330, by inserting after Sec. 2-1704 the following:

"(735 ILCS 5/2-1706.5 new)

Sec. 2-1706.5. Standards for economic and non-economic damages.

(a) In any medical malpractice action in which economic and non-economic damages may be awarded, the following standards shall apply:

(1) In a case of an award against a hospital and its personnel, the total amount of non-economic damages shall not exceed $750,000 awarded to all plaintiffs in any civil action arising out of the care.

(2) In a case of an award against a physician and the physician's business or corporation entity, the total amount of non-economic damages shall not exceed $500,000 awarded to all plaintiffs in any civil action arising out of the care.

(3) In awarding damages in a medical malpractice case, the finder of fact shall render verdicts with a specific award of damages for economic loss, if any, and a specific award of damages for non-economic loss, if any.

(b) In any medical malpractice action where an individual plaintiff earns less than the annual average weekly wage, as determined by the Industrial Commission, at the time the action is filed, any award may include an amount equal to the wage the individual plaintiff earns or the annual average weekly wage.

(c) Any party in a medical malpractice case may introduce annuity evidence to inform the fact finder about the time value of an award and its ability to cover the plaintiff's damages over time.

(d) If any provision of this Section or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this Section.".