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Illinois Medical Malpractice Laws Collateral Source Rule
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The collateral source rule is an area of Illinois medical malpractice law that reduces payments from a defendant in an Illinois medical malpractice lawsuit based on the payment of other parties. Illinois medical negligence lawyers, including Chicago medical negligence lawyers, apply the following Illinois medical malpractice law dealing with a reduction in recovery.
- §2-1205. Reduction in amount of recovery.
- An amount equal to the sum of (i) 50% of the benefits provided for lost wages or private or governmental disability income programs, which have been paid, or which have become payable to the injured person by any other person, corporation, insurance company or fund in relation to a particular injury, and (ii) 100% of the benefits provided for medical charges, hospital charges, or nursing or caretaking charges, which have been paid, or which have become payable to the injured person by any other person, corporation, insurance company or fund in relation to a particular injury, shall be deducted from any judgment in an action to recover for that injury based on an allegation of negligence or other wrongful act, not including intentional torts, on the part of a licensed hospital or physician; provided, however, that:
- (1) Application is made within 30 days to reduce the judgment;
- (2) Such reduction shall not apply to the extent that there is a right of recoupment through subrogation, trust agreement, lien, or otherwise;
- (3) The reduction shall not reduce the judgment by more than 50% of the total amount of the judgment entered on the verdict;
- (4) The damages awarded shall be increased by the amount of any insurance premiums or the direct costs paid by the plaintiff for such benefits in the 2 years prior to plaintiff's injury or death or to be paid by the plaintiff in the future for such benefits; and
- (5) There shall be no reduction for charges paid for medical expenses which were directly attributable to the adjudged negligent acts or omissions of the defendants found liable.
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