SB 2881

Abstract

Amends the Illinois Insurance Code. Provides that a reasonable degree of competition does not exist in a county if a physician has less than 3 options for obtaining medical liability insurance from insurers that are not legally or corporately affiliated or otherwise related. Requires the Department to conduct and publish an impact analysis on: (i) the number of medical malpractice claims filed and amounts recovered for economic and non-economic damages per claim per year by county; (ii) the amount of attorneys' fees paid by medical malpractice plaintiffs and defendants per case per year by county; and (iii) the impact of the standards of the Act on the cost and availability of medical malpractice coverage for hospitals and physicians. Amends the Code of Civil Procedure. Provides that an affidavit from a reviewing health professional must contain the health professional's name, address, profession, and professional license number. Provides that, in order to qualify as a reviewing health professional for purposes of giving an affidavit for a petitioner in a pro se action, the reviewing health professional must meet the expert witness standards set out in the Code. Provides that any reviewing health professional that provides a frivolous or improper review of a case shall be liable to each of the parties for the reasonable costs and attorneys' fees the parties expended in resolving the case. Provides that a review shall be found frivolous if it is substantially lacking in factual support, is based upon a standard of care or practice that lacks substantial use in the relevant specialty or field of practice, or is made for an improper purpose, such as to harass or cause needless increase in the cost of litigation. Provides that in any individual action, fees for all plaintiffs' attorneys involved in the action representing the plaintiff or plaintiffs may not exceed $1,000,000 plus reasonable and documented expenses. Provides that any expression of grief, apology, remedial action, or explanation including, but not limited, to a statement that the health care provider is sorry for the outcome, provided by a health care provider to a patient, the patient's family, or the patient's legal representative about an inadequate or unanticipated treatment outcome that is provided with 72 hours of when the provider knew or should have known of the outcome shall not be admissible as evidence, nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or person. Provides that the disclosure of the information for the purpose of bringing a claim for damages against a provider is unlawful and any person convicted of violating any of the provisions of this Act is guilty of a Class A misdemeanor. Makes other changes. Effective January 1, 2005.