HB5151 Summary

• Re-enacts statutory provisions related to medical malpractice civil procedure to conform to Illinois Supreme Court decisions in Best v. Taylor Machine Works (1997) and Lebron v. Gottlieb Memorial Hospital (2010) that voided Public Acts 89-7 and 94-677.

• Requires plaintiffs in medical malpractice actions to file an affidavit with the complaint certifying consultation with a qualified health professional who reviewed the case and determined reasonable and meritorious cause for the action, with limited exceptions for statute of limitations or delayed record production.

• Modifies contingent fee structure for medical malpractice cases to a flat 33 1/3% cap on all sums recovered, eliminating the previous tiered percentage system.

• Establishes a $250,000,000 aggregate cap on supersedeas bonds required during appeal for defendants who are signatories to the Master Settlement Agreement on tobacco, provided appellants post at least 30% in cash or cash equivalents.

• Applies to pending and future actions commenced on or after the effective date of this Act.