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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7280
Introduced 3/18/2004, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
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Amends the Code of Civil Procedure. Limits recovery in medical and healing arts malpractice cases to the amount that is covered by the physician's medical malpractice insurance or liability insurance. Provides that in no event shall a physician be liable in an amount that would cause him or her to forfeit any of his or her personal assets. Requires a physician to carry a reasonable level of medical malpractice or liability insurance depending on his or her type of practice. Effective immediately.
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A BILL FOR
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HB7280 |
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LRB093 21549 LCB 48751 b |
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| AN ACT concerning malpractice.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by adding |
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| Section 2-1115.01 as follows:
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| (735 ILCS 5/2-1115.01 new) |
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| Sec. 2-1115.01. Personal assets protected in healing art |
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| malpractice cases. In all cases, whether tort, contract, or |
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| otherwise, in which the plaintiff seeks damages by reason of |
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| medical or healing art malpractice, the amount of the recovery |
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| shall be limited to an amount that is covered by the |
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| physician's medical malpractice insurance or liability |
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| insurance. A physician is required to carry a reasonable level |
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| of medical malpractice or liability insurance depending on his |
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| or her type of practice. In no event shall a physician be |
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| liable in an amount that would cause him or her to forfeit any |
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| of his or her personal assets. |
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| This amendatory Act of the 93rd General Assembly applies to |
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| causes of action filed on or after its effective date.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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