Menu

Liability

Responsibility and liability go hand-in-hand. Whether it's medical record-keeping, telemedicine, social media rules, services provided, or a host of other requirements, medical professionals are constantly working to provide quality care as efficiently and safely as possible – and avoid litigation.

That’s why the Illinois State Medical Society (ISMS) is continually working to ensure harmful bills that would increase the burden of practicing medicine in Illinois and drive physicians out of the state do not become law.

In the last several years, ISMS has worked on the following legislative items related to liability, including but not limited to:

  • ISMS helped secure an Executive Order that extended civil immunity protections to physicians and other healthcare professionals who provided care in response to the COVID-19 pandemic.
  • ISMS blocked an effort by the Illinois Trial Lawyers Association that would repeal the long-standing doctrine of "forum non-conveniens," which ensures fundamental fairness by affording courts discretionary power to decline to hear a case when the interests of justice require a trial in a more appropriate forum.
  • ISMS helped preserve the right to a 12-person jury in civil cases, which the Plaintiffs’ bar wanted to reduce to six.

To see ISMS’ specific work on more medical liability issues, please check out the end of session legislative report.

Currently Tracked Bills

ISMS Opposes

Trial Lawyer Prejudgment Interest SB 72 (Sponsor: Sen. Don Harmon) - would provide that prejudgment interest begins to accrue on the date the action is filed (rather than the date the defendant has notice of the injury from the incident itself or a written notice provided in HB 3360). SB 72 would also add interest to the amount of a judgment, calculated at the rate of 6%, The bill also includes other nuanced changes. ISMS fiercely opposed this legislation This bill passed both legislative chambers and was signed into law on May 28th as Public Act 102-0006.

Related Resources

Litigation Stress in the Era of COVID-19
Litigation Stress in the Era of COVID-19
View Course

Cookie Consent

Cookies are required for some functionality on our site. View our privacy policy for more information.