The next malpractice burden: Payouts for grief

More ways for lawyers to make money?

The flashpoint is a proposal that would allow family members of someone who has died to seek damages specifically for “grief, sorrow and mental anguish” “” in addition to other economic and noneconomic damages “” in any wrongful death lawsuit. The bill goes to the state Senate this week; it passed the House on Friday with nearly all Democrats in support and all Republicans in opposition.

Trial attorneys say the changes to Illinois civil justice codes would provide compensation for what amounts to heartache. But the idea has angered businesses and in particular doctors and hospital administrators who say it’s just another way for lawyers to seek money.

The measure would cover all wrongful-death cases “” drunken driving crashes or on-the-job accidents, for example “” but it also would apply to medical malpractice, always a hot-button issue.

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