Sen. David Luechtefeld

Filed: 5/31/2004

 

 


 

 


 
09300HB4847sam006 LRB093 14813 WGH 51987 a

1
AMENDMENT TO HOUSE BILL 4847

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
 
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.

 

 

09300HB4847sam006 - 2 - LRB093 14813 WGH 51987 a

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.
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.".