Health Justice Transformation - Illinois

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$500,000 cap on non-economic damages for awards against physicians. $1 million cap on non-economic damages for awards against hospitals.

Joint Liability for Multiple Defendants

No. Defendants are jointly and severally liable.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes, but applicable only in medical malpractice cases. A judgment may be offset by 50% of lost wages and 100% of medical benefits received, minus any payments made by the plaintiff. The total judgment may not be reduced more than 50%.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes. Either party may elect or the court may order partial payment of future medical expenses through an annuity.

Limitation of Plaintiff’s Attorneys Fees

Yes, limited to 33.3% of first $150,000; 25% of the next $850,000; and 20% of amounts over $1 million. Attorneys may petition court for additional fees.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Arbitration is not mandated but is permitted if the parties agree to binding arbitration by written agreement prior to care provided.

Standards for Expert Testimony/Witness

In determining if a witness is competent to testify on the appropriate standard of care, the court must determine if the witness is board certified, board eligible or completed a residency in the same or substantially similar medical specialty as the defendant and has significant experience with the standard of care, methods, procedures, and treatments relevant to the allegations against the defendant. A witness may not qualify as an expert if the witness cannot provide evidence that he/she has actively practiced medicine, taught or done research in a university setting for the past five years.