Sen. David Luechtefeld
Filed: 5/31/2004
 
 

 




 

 		












09300HB4847sam006

LRB093 14813 WGH 51987 a






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AMENDMENT TO HOUSE BILL 4847 




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    AMENDMENT NO. ______. Amend House Bill 4847, AS AMENDED, in 
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the introductory clause of Section 330, by inserting 
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"2-1706.5," after "2-1105.01,"; and

 
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in Section 330, by inserting after Sec. 2-1704 the following:
 
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    "(735 ILCS 5/2-1706.5  new)
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    Sec. 2-1706.5. Standards for economic and non-economic 
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damages.
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    (a)    In any medical malpractice action in which economic and 
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non-economic damages may be awarded, the following standards 
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shall apply:
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        (1) In a case of an award against a hospital and its 
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    personnel, the total amount of non-economic damages shall 
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    not exceed  $750,000 awarded to all plaintiffs in any civil 
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    action arising out of the care.
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        (2)  In a case of an award against a physician and the 
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    physician's business or corporation entity, the total 
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    amount of non-economic damages shall not exceed $500,000 
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    awarded to all plaintiffs in any civil action arising out 
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    of the care.
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        (3) In awarding damages in a medical malpractice case, 
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    the finder of fact shall render verdicts with a specific 
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    award of damages for economic loss, if any, and a specific 
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    award of damages for non-economic loss, if any.
 


 






09300HB4847sam006
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LRB093 14813 WGH 51987 a




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    (b) In any medical malpractice action where an individual 
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plaintiff earns less than the annual average weekly wage, as 
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determined by the Industrial Commission, at the time the action 
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is filed, any award may include an amount equal to the wage the 
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individual plaintiff earns or the annual average weekly wage.
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    (c) Any party in a medical malpractice case may introduce 
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annuity evidence to inform the fact finder about the time value 
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of an award and its ability to cover the plaintiff's damages 
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over time.

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    (d) If any provision of this Section or its application to 
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any person or circumstance is held invalid, the invalidity of 
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that provision or application does not affect other provisions 
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or applications of this Section.".