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90_SB1731
735 ILCS 5/2-109 from Ch. 110, par. 2-109
735 ILCS 5/2-1113 from Ch. 110, par. 2-1113
Amends the Code of Civil Procedure. In headings of
Sections relating to malicious prosecution and res ipsa
loquitur in medical malpractice cases, changes "medical
malpractice" to "healing art malpractice".
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1 AN ACT to amend the Code of Civil Procedure by changing
2 Sections 2-109 and 2-1113.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Sections 2-109 and 2-1113 as follows:
7 (735 ILCS 5/2-109) (from Ch. 110, par. 2-109)
8 Sec. 2-109. Malicious prosecution - healing art Medical
9 malpractice. In all cases alleging malicious prosecution
10 arising out of proceedings which sought damages for injuries
11 or death by reason of medical hospital or other healing art
12 malpractice, the plaintiff need not plead or prove special
13 injury to sustain his or her cause of action. In all such
14 cases alleging malicious prosecution, no exemplary or
15 punitive damages shall be allowed.
16 (Source: P.A. 84-1308.)
17 (735 ILCS 5/2-1113) (from Ch. 110, par. 2-1113)
18 Sec. 2-1113. Healing art Medical malpractice - res ipsa
19 loquitur. In all cases of alleged medical or dental
20 malpractice, where the plaintiff relies upon the doctrine of
21 res ipsa loquitur, the court shall determine whether that
22 doctrine applies. In making that determination, the court
23 shall rely upon either the common knowledge of laymen, if it
24 determines that to be adequate, or upon expert medical
25 testimony, that the medical result complained of would not
26 have ordinarily occurred in the absence of negligence on the
27 part of the defendant. Proof of an unusual, unexpected or
28 untoward medical result which ordinarily does not occur in
29 the absence of negligence will suffice in the application of
30 the doctrine.
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1 (Source: P.A. 82-783.)