NEW ILLINOIS MEDICAL ERROR REPORTING LAW

According to recently-passed Illinois legislation, Illinois health care facilities[hospitals and ambulatory surgery facilities]will soon be required to report "Adverse Health Care Events to public health officials. The new law, entitled Illinois Adverse Health Care Events Reporting Law of 2005 was passed in June, 2005. The law provides that after an adverse health event[otherwise known as medical malpractice]occurs, the facility will be required to report it to the Department of Public Health. The health care facility will also be required to perform a cause analysis of the event, file a corrective action plan with the state, or explain why no corrective action will be necessary.

The health care facilities will have some time to get their houses in order. The Health Department has until July, 2007 to set up the system. In addition the Department will be allowed to test it for six months. Health care facilities will then be given 30 days notice that the system is operational. The law will become effective January 1, 2008 and health care facilities will be required to begin making the reports on that date.

In addition, the Health Department will be required to publish an annual report setting out, by institution, the adverse events reported, the cause analyses and corrective action plans. The identity of the patients will not be revealed.

And the new law won't result in low hanging fruit for medical malpractice lawyers. The legislation provides that the event, analysis and corrective plans shall not be available to the public and shall not be discoverable in civil, criminal or administrative proceedings.