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The Illinois State Medical Society is hoping new legislation will make it easier for patients to get timely medical care. The proposed legislation would
Sameer Vohra, MD, JD, MA, FAAP, is the founding chair of Southern Illinois University School of Medicine Department of Population Science and Policy, a social mission-driven research and policy academic department aiming to improve health outcomes in central and southern Illinois. A general pediatrician, Dr. Vohra is also an associate professor of Pediatrics, Medical Humanities, and Law. Dr. Vohra completed a residency in pediatrics at the University of Chicago where he also earned a Master of Arts in public policy. He received his medical doctorate at SIU School of Medicine and a juris doctorate at SIU School of Law, where he graduated first in his class. Dr. Vohra earned a Bachelor of Arts in Political Science and Science in Human Culture with honors at Northwestern University.
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At a time when the Illinois Legislature should be supporting the health care heroes who are working tirelessly during the COVID-19 pandemic, lawmakers have instead passed legislation that would drive up the costs of practicing medicine and send physicians packing to more welcoming states.
A bad bill sponsored by the trial lawyers of Illinois was passed in the wee hours of the morning earlier this month by a lame-duck legislature. The physicians of Illinois are outraged at the passage of House Bill 3360, which will allow prejudgment interest to be charged in personal injury and wrongful death lawsuits.
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Friday, January 15, 2021
Illinois law has not previously recognized prejudgment interest in tort actions for personal injury or wrongful death. Instead, Illinois’ judgment interest statute only imposes post-judgment interest in tort actions at the rate of 9 percent per year from the date of the judgment’s entry through the date of the judgment’s satisfaction. See 735 ILCS 5/2-1303(a) (section 1303). This may change, however, following the General Assembly’s passage of House Bill 3360 on January 13, 2021, which amends section 1303 to impose prejudgment interest in tort actions.
House Bill 3360 states that prejudgment interest at the rate of 9 percent per year is to be imposed in all tort actions seeking recovery for personal injury or wrongful death. It states further that prejudgment interest begins to accrue “on the date the defendant has notice of the injury from the incident itself or a written notice”: