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91_HB4149
LRB9112112DJcdA
1 AN ACT concerning public hospitals.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by
5 adding Part 23 to Article II as follows:
6 (735 ILCS 5/Art. II, Part 23 heading new)
7 PART 23. PUBLIC HOSPITAL LIABILITY
8 (735 ILCS 5/2-2305 new)
9 Sec. 2-2305. Cause of action against public hospital.
10 (a) A patient of a public hospital has a cause of action
11 against the public hospital if:
12 (1) the patient's treating physician has staff
13 privileges with the public hospital; and
14 (2) the physician or other medical care provider
15 practicing at the public hospital fails to diagnose or
16 treat a medical condition that results in physical harm
17 or death because the physician or other medical care
18 provider failed to test to diagnose or treat the medical
19 condition within the standard of care.
20 (b) If the patient is deceased, the patient's next of kin
21 may maintain an action under this Part 23.
22 (735 ILCS 5/2-2310 new)
23 Sec. 2-2310. Civil Practice Law. The Civil Practice Law
24 shall apply in a proceeding on an action filed under this
25 Part 23. The action shall be tried as in other civil cases.
26 Section 10. The Local Governmental and Governmental
27 Employees Tort Immunity Act is amended by changing Section
28 6-106 as follows:
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1 (745 ILCS 10/6-106) (from Ch. 85, par. 6-106)
2 Sec. 6-106. (a) Except as otherwise provided in this
3 Section, neither a local public entity nor a public employee
4 acting within the scope of his employment is liable for
5 injury resulting from diagnosing or failing to diagnose that
6 a person is afflicted with mental or physical illness or
7 addiction or from failing to prescribe for mental or physical
8 illness or addiction.
9 (b) Except as otherwise provided in this Section,
10 neither a local public entity nor a public employee acting
11 within the scope of his employment is liable for
12 administering with due care the treatment prescribed for
13 mental or physical illness or addiction.
14 (b-5) Notwithstanding any other provision of this
15 Section, a public hospital is liable for injury or death to a
16 patient of the public hospital if:
17 (1) the patient's treating physician has staff
18 privileges with the public hospital; and
19 (2) the physician or other medical care provider
20 practicing at the public hospital fails to diagnose or
21 treat a medical condition that results in physical harm
22 or death because the physician or other medical care
23 provider failed to test to diagnose or treat the medical
24 condition within the standard of care.
25 (c) Nothing in this section exonerates a public employee
26 who has undertaken to prescribe or diagnose for mental or
27 physical illness or addiction from liability for injury
28 proximately caused by his negligence or by his wrongful act
29 in so prescribing or exonerates a local public entity whose
30 employee, while acting in the scope of his employment, so
31 causes such an injury.
32 (d) Nothing in this section exonerates a public employee
33 from liability for injury proximately caused by his negligent
34 or wrongful act or omission in administering any treatment
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1 prescribed for mental or physical illness or addiction or
2 exonerates a local public entity whose employee, while acting
3 in the scope of his employment, so causes such an injury.
4 (Source: Laws 1965, p. 2983.)