94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1690


 
Introduced 2/24/2005, by Sen. Dan Cronin
 
SYNOPSIS AS INTRODUCED:
 		














735 ILCS 5/8-2501
  from Ch. 110, par. 8-2501







    Amends the Code of Civil Procedure.  Makes a technical change in a Section concerning expert witnesses.

















LRB094 11310 LCB 42135 b

















 


 


A BILL FOR









 











SB1690

LRB094 11310 LCB 42135 b






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    AN ACT concerning civil law.

 
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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 
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changing Section 8-2501 as follows:
 



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    (735 ILCS 5/8-2501)  (from Ch. 110, par. 8-2501)



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    (Text of Section WITH the changes made by P.A. 89-7, which 
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has been held
unconstitutional)

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    Sec. 8-2501. Expert Witness Standards. In any
any case in 
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which the standard of
care applicable to a medical professional

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is at issue, the court
shall apply the
following standards to 
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determine if a witness qualifies as an expert witness
and can 
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testify on the issue of the appropriate standard of care.

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    (a) Whether the witness is board certified or board 
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eligible in the same
medical specialties as the defendant and 
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is familiar with the same medical
problem or problems or the 
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type of treatment administered in the
case;

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    (b) Whether the witness has devoted 75% of his
or her
time 
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to the practice of medicine, teaching or University based 
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research
in relation to the medical care and type of treatment 
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at issue which gave
rise to the medical problem of which the 
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plaintiff complains;

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    (c) Whether the witness is licensed by any state or the 
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District of
Columbia
in the same profession
as the defendant;

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and

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    (d) Whether, in the case against a nonspecialist, the 
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witness can
demonstrate a sufficient familiarity with the 
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standard of care practiced in
this State.

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    An expert shall provide proof of active practice, teaching, 
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or engaging in
university-based research.  If retired, an expert

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must provide proof of attendance and completion of continuing 
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education courses
for 3 years previous to
giving testimony.  No 
 


 






SB1690
- 2 -
LRB094 11310 LCB 42135 b




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expert who has not actively practiced, taught, or been
engaged 
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in university-based research for 10
years may be qualified as 
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an expert witness.

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    This amendatory Act of 1995 applies to causes of action 
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filed on or after
its effective date.

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(Source: P.A. 89-7, eff. 3-9-95.)

 

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    (Text of Section WITHOUT the changes made by P.A. 89-7, 
8
which has been held
unconstitutional)

9
    Sec. 8-2501. Expert Witness Standards. In any
any case in 
10
which the standard of
care given by a medical profession is at 
11
issue, the court shall apply the
following standards to 
12
determine if a witness qualifies as an expert witness
and can 
13
testify on the issue of the appropriate standard of care.

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    (a) Relationship of the medical specialties of the witness 
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to the medical
problem or problems and the type of treatment 
16
administered in the case;

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    (b) Whether the witness has devoted a substantial portion 
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of his or her
time to the practice of medicine, teaching or 
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University based research
in relation to the medical care and 
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type of treatment at issue which gave
rise to the medical 
21
problem of which the plaintiff complains;

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    (c) whether the witness is licensed
in the same profession 
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as the defendant; and

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    (d) whether, in the case against a nonspecialist, the 
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witness can
demonstrate a sufficient familiarity with the 
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standard of care practiced in
this State.

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(Source: P.A. 84-7.)