ILLINOIS
REFORMS
Year of Enactment
(since 1986)
2005
Medical Liability Reform: Expert Witness
Standards: SB 475 (2005); Amended 735
ILCS 5/2-622. In an action against a
medical professional, defines an expert witness who: (1) is board certified or
board eligible in the same or similar specialty as the defendant; (2) has
devoted a majority of work time to the practice, teaching, or University based
research in relation to the type of care or treatment at issue in the claim;
(3) is licensed in the same profession with the same class of license as the
defendant if the defendant is an individual; (4) in a case against a nonspecialist, an expert shall demonstrate familiarity with
the standard of care and shall provide evidence of active practice, teaching,
or university research. If retired, an
expert must provide evidence of completion of continuing education for three
previous years. An individual must have
actively practiced, taught, or engaged in university research, or any
combination thereof, during the past five years to qualify as an expert
witness.
Medical Liability Reform: Expressions of
Sympathy: SB 475 (2005); Amended 735 ILCS 5/8-1901. Provides that expressions
of grief, apology, including a statement that the healthcare provider is sorry
for the outcome to the patient, is inadmissible as evidence.
Medical Liability Reform: Good Samaritan
Protections: SB 475 (2005); Amended 745 ILCS 49/30. Amends the Good Samaritan Act to apply civil
immunity protections to retired physicians who provide services without
compensation.
Medical Liability Reform: Noneconomic Damages
Reform: SB 475 (2005); 735 ILCS 5/2-1706.5. Limits noneconomic damages in medical liability cases to $500,000 per
physician and $1 million per hospital.
2004
Obesity Litigation Reform: HB 3981
(2004); 745 ILCS 43/5; 745 ILCS 43/10; 745
ILCS 43/15; 745 ILCS 43/20. Specifies that no person shall bring a
qualified civil liability action [defined as a civil action being brought by
any person against a seller of food, as defined in 21 U.S.C. 321 (f), for
damages or injunctive relief based on a claim of injury resulting from the
person’s weight gain, obesity, or any health condition related to weight gain
or obesity. The liability exemption does
not apply: if the seller knowingly and willfully violated a federal or State
statute applicable to the marketing, distribution, advertisement, labeling, or
sale of the product; in an action for breach of contract or express warranty in
connection with the purchase of the qualified product; or an action regarding
the sale of a qualified product which is adulterated, as described in Section
402 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 342.
1996
Employer Reference
Liability: SB 1490 (1996).
Protects employers from liability for providing
employee references unless it is shown by a preponderance of the evidence that the
employer knowingly disclosed false information with the intent to mislead, in
bad faith, or with malicious purpose, or that the disclosure constituted an
unlawful discriminatory practice.
Provides a loser pays provision.
1995
Joint and Several Liability
Reform: HB 20 (1995). Bars application of the rule of joint and several
liability in the recovery of all damages.
The reform violates the State
Constitutional prohibition against special legislation. Best v. Taylor Machine
Works, Inc., 689 N.E.2d 1057 (
Noneconomic Damages Reform: HB 20 (1995). Limits noneconomic damages to $500,000. The
reform violates the State
Constitutional prohibition against special legislation and separation of powers
provision of the State Constitution. Best v. Taylor Machine Works, Inc., 689 N.E.2d 1057 (
Product Liability Reform: HB 20 (1995). Establishes affidavit requirements in product liability
cases. Creates a presumption of safety, where
manufacturers meet state and federal standards, and where no practical or
feasible alternative design existed at the time the product was
manufactured. Applies statutes of repose
on all product liability cases to bar an action after either 12 years from the
first sale or 10 years from the first sale to a user or consumer. The
reform is unconstitutional.
Best v. Taylor Machine Works,Inc.,
689 N.E.2d 1057 (
Punitive
Damages Reform: HB 20 (1995). Limits the award of punitive damages to
three times the award of economic damages.
Prohibits the award of punitive damages absent a showing that the
defendant engaged in conduct “with an evil motive or with a reckless
indifference to the rights of others.”
Requires the determination of awards for punitive damages to be made in
a separate proceeding. The reform is unconstitutional. Best v.
Taylor Machine Works,Inc.,
689 N.E.2d 1057 (
1986
Collateral Source Rule
Reform: SB 1200 (1986): 735 Ill.
Comp.
Frivolous Lawsuit Sanction: SB 1200
(1986). Allows a court to assess
reasonable costs and attorneys’ fees for frivolous pleadings, motions or
defenses (Federal Rule of Civil Procedure 11).
Joint and Several Liability Reform: SB 1200
(1986). Bars application of the rule
of joint and several liability in the recovery of noneconomic dagames from defendants found to be 25% or less at fault. Except in auto, product or environmental cases.
Noneconomic Damages Reform: SB 1200 (1986). Limits the award of noneconomic damages
in all civil actions to $500,000 per plaintiff, indexed for inflation. The
reform is unconstitutional.
Best v. Taylor Machine Works,Inc., 689
N.E.2d 1057 (Ill. 1997).
Punitive Damages Reform: SB 1200
(1986). Prohibits a plaintiff from pleading
punitive damages in an original complaint.
Requires a subsequent motion for punitive damages to show at a hearing a
reasonable chance that the plaintiff will recover an award for punitive damages
at trial. Requires a plaintiff to show
that the defendant acted “willfully and wantonly.” Provides discretion to the court to award
punitive damages among the plaintiff, the plaintiff’s attorney, and the State
Department of Rehabilitation Services.
Other Reforms
Medical
Liability Reform: Contingent Fee Reform: 735 Ill.
Comp.
Periodic
Payment of Future Damages: 735 Ill.
Comp.