Doctors Exempt from Punitive Damages in Wrongful Death Cases

June 13, 2023

At the end of the Spring 2023 legislative session, state lawmakers passed an Illinois Trial Lawyers Association’s proposal that would allow punitive damages to be awarded in wrongful death cases. House Bill 219 amends the Wrongful Death Act and provides that an action under this law may be filed to recover punitive damages.
But, thanks to the advocacy of our friends at the Illinois State Medical Society, the bill was amended (House Floor Amendment No. 3) to clearly exempt medical liability cases. This is a win for physicians!
The amendment also includes exemptions for units of local government and its employees. It will now be transmitted to the Governor.
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