What is the impact of the recent tort reform legislation passed in Illinois on medical malpractice litigation?
It is unknown what impact the tort reform legislation will have on medical malpractice lawsuits. The reform legislation was passed by both houses last May and signed into law on August 25, 2005. The new law imposes non-economic damage caps for medical malpractice cases. All causes of action accruing on or after the effective date of August 25, 2005 will be subject to the new caps: • $1,000,000 cap on non-economic damages for hospitals, awarded to all plaintiffs in any civil action arising out of the care. 735 ILCS 5/2/-176.5(a)(2). • $500,000 cap on non-economic damages for a physician and the physician s business or corporate entity, and personnel or health care professional, awarded to all plaintiffs in any civil action arising out of the care. 735 ILCS 5/2-176.5(a)(1). At this time, there are no pending cases challenging the new law. The Illinois Supreme Court has previously held that caps on non-economic damages in negligence cases violated the Illinois Constitution s proscription
