SB2812 93RD GENERAL ASSEMBLY

LRB093 20657 LCB 46511 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2812

Introduced 2/5/2004, by Kirk W. Dillard

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-1115.01 new

Amends the Code of Civil Procedure. Limits recovery in medical and healing arts malpractice cases to the amount that is covered by the physician's medical malpractice insurance or liability insurance. Provides that, in no event shall a physician be liable in an amount that would cause him or her to forfeit any of his or her personal assets.

A BILL FOR

AN ACT concerning malpractice.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by adding Section 2-1115.01 as follows:

(735 ILCS 5/2-1115.01 new)

Sec. 2-1115.01. Personal assets protected in healing art malpractice cases. In all cases, whether tort, contract, or otherwise, in which the plaintiff seeks damages by reason of medical or healing art malpractice, the amount of the recovery shall be limited to an amount that is covered by the physician's medical malpractice insurance or liability insurance. In no event, shall a physician be liable in an amount that would cause him or her to forfeit any of his or her personal assets.

This amendatory Act of the 93rd General Assembly applies to causes of action filed on or after its effective date.