Sen. David Luechtefeld
Filed: 5/31/2004
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1 | AMENDMENT TO HOUSE BILL 4847
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2 | AMENDMENT NO. ______. Amend House Bill 4847, AS AMENDED, in | ||||||
3 | the introductory clause of Section 330, by inserting | ||||||
4 | "2-1706.5," after "2-1105.01,"; and
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5 | in Section 330, by inserting after Sec. 2-1704 the following: | ||||||
6 | "(735 ILCS 5/2-1706.5 new) | ||||||
7 | Sec. 2-1706.5. Standards for economic and non-economic | ||||||
8 | damages. | ||||||
9 | (a) In any medical malpractice action in which economic and | ||||||
10 | non-economic damages may be awarded, the following standards | ||||||
11 | shall apply: | ||||||
12 | (1) In a case of an award against a hospital and its | ||||||
13 | personnel, the total amount of non-economic damages shall | ||||||
14 | not exceed $750,000 awarded to all plaintiffs in any civil | ||||||
15 | action arising out of the care. | ||||||
16 | (2) In a case of an award against a physician and the | ||||||
17 | physician's business or corporation entity, the total | ||||||
18 | amount of non-economic damages shall not exceed $500,000 | ||||||
19 | awarded to all plaintiffs in any civil action arising out | ||||||
20 | of the care. | ||||||
21 | (3) In awarding damages in a medical malpractice case, | ||||||
22 | the finder of fact shall render verdicts with a specific | ||||||
23 | award of damages for economic loss, if any, and a specific | ||||||
24 | award of damages for non-economic loss, if any. |
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1 | (b) In any medical malpractice action where an individual | ||||||
2 | plaintiff earns less than the annual average weekly wage, as | ||||||
3 | determined by the Industrial Commission, at the time the action | ||||||
4 | is filed, any award may include an amount equal to the wage the | ||||||
5 | individual plaintiff earns or the annual average weekly wage. | ||||||
6 | (c) Any party in a medical malpractice case may introduce | ||||||
7 | annuity evidence to inform the fact finder about the time value | ||||||
8 | of an award and its ability to cover the plaintiff's damages | ||||||
9 | over time.
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10 | (d) If any provision of this Section or its application to | ||||||
11 | any person or circumstance is held invalid, the invalidity of | ||||||
12 | that provision or application does not affect other provisions | ||||||
13 | or applications of this Section. ".
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