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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2779
Introduced 2/5/2004, by Kirk W. Dillard SYNOPSIS AS INTRODUCED:
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735 ILCS 5/8-2501 |
from Ch. 110, par. 8-2501 |
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Amends the Code of Civil Procedure. Changes the standards that the court shall apply to determine if a witness qualifies as an expert witness as follows: (i) whether the witness is board certified or board eligible in the same medical specialties as the defendant and is familiar with the same medical problems or the type of treatment administered in the case (instead of the same relationship of the medical specialties of the witness to the medical problem and the type of treatment in the case); (ii) whether the witness has devoted 75% (instead of a substantial portion) of his or her time to the practice of medicine, teaching, or university based research in relation to the medical care and type of treatment at issue; and (iii) whether the witness is licensed by any state or the District of Columbia (instead of just licensed). Provides that an expert witness shall provide proof of active practice, teaching, or engagement in university based research. Provides that, if retired, an expert must provide proof of attendance and completion of continuing education courses for the 3 years previous to giving testimony. Provides that an expert who has not actively practiced, taught, or been engaged in university based research within the 10 years previous to giving testimony may not be qualified as an expert witness.
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A BILL FOR
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SB2779 |
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LRB093 14817 LCB 40378 b |
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| AN ACT concerning expert witnesses.
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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 WITHOUT the changes made by P.A. 89-7, |
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| which has been held
unconstitutional)
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| Sec. 8-2501. Expert Witness Standards. In any case in which |
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| the standard of
care applicable to
given by a medical |
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| professional
profession is at issue, the court shall apply the
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| following standards to determine if a witness qualifies as an |
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| expert witness
and can testify on the issue of the appropriate |
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| standard of care.
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| (a) Whether the witness is board eligible in the same |
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| medical specialties as the defendant and is familiar with the |
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| same
Relationship of the medical specialties of the witness to |
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| the medical
problem or problems or
and the type of treatment |
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| administered in the case;
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| (b) Whether the witness has devoted 75%
a substantial |
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| portion of his or her
time to the practice of medicine, |
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| teaching or University based research
in relation to the |
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| medical care and type of treatment at issue which gave
rise to |
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| the medical problem of which the 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 engagement in university based research. If retired, an |
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