Is important to act now and seek the best legal representation
Federal lawmakers have revisited the long-debated idea of reforming medical malpractice laws, and Illinois sits at the center of that conversation.
The Protecting Access to Care Act (PACA) could change how patients seek justice after medical errors. Illinois residents already face one of the nation’s most complex healthcare legal systems. This proposed legislation could alter who can file a claim and the amount of compensation victims may receive.
Understanding the Protecting Access to Care Act
The Protecting Access to Care Act was introduced as a national approach to reduce the cost of healthcare litigation and promote consistency across states. It targets medical malpractice lawsuits related to federal healthcare programs, including Medicare, Medicaid, and the VA.
That detail might sound narrow, yet in practice, it could create two systems within Illinois: one governed by PACA and another by existing state law. Until courts define the Act’s full reach, many claimants may not know which rules apply to their case. This uncertainty adds even more confusion to an already complex legal process.
- The Law Could Vary Based on How Treatment Was Funded
Under PACA, the law that applies to a medical malpractice case could depend on who paid for the treatment. If a patient’s medical bills were covered, even partly, through a federal program or subsidy, PACA would control the case, regardless of whether it was filed in state or federal court.
That means two patients with nearly identical experiences could have completely different outcomes based only on their insurance source. Such inconsistency would complicate case preparation and leave many victims uncertain about their rights.
- The Filing Deadline Would Shrink
Illinois law gives victims two years to file a medical malpractice lawsuit, starting from the date they discover or should have discovered the injury. PACA would create its own statute of limitations and then stipulate that the shorter of the state or federal statute would apply.
PACA’s limitations period ends on the earliest of three dates: Under PACA, the clock could expire after just one year from discovering the injury, or three years from the date it occurred or treatment ended. The shorter timeframe adds pressure on patients still recovering physically and emotionally. It can make gathering evidence, consulting experts, and building a strong case much more difficult. Quick action would become key to preserving the right to compensation.
- Non-economic Damages Would Be Capped
PACA separates damages into two types: economic (such as lost wages or medical bills) and non-economic (such as pain, suffering, and loss of quality of life). The Act would cap noneconomic damages at $250,000, a fraction of what Illinois victims may currently receive.
Illinois courts have struck down previous attempts to cap damages, ruling that such limits violate the state constitution. If PACA passes, it would override state precedent and impose a federal ceiling that reduces awards for those suffering from the most severe injuries. This cap could particularly affect families dealing with catastrophic medical errors where emotional and physical losses extend far beyond monetary costs.
The Broader Impact on Illinois Patients
The Protecting Access to Care Act would change how Illinois residents seek justice after medical negligence. It would also restrict compensation for emotional distress and shorten the timeframe victims have to take legal action.
Critics argue that PACA prioritizes cost-cutting over accountability and may discourage victims from coming forward. Supporters claim it will stabilize insurance rates and reduce defensive medical practices. Regardless of perspective, one thing remains clear: Illinois patients could soon face new barriers when seeking fair outcomes after medical malpractice.
Protecting Rights When Care Fails
At Costa Ivone, we stand with those affected by preventable medical harm. Legislative proposals, such as the Protecting Access to Care Act, remind us that patients’ rights can change overnight. Legal guidance is more important than ever.
Our firm helps clients across Illinois pursue justice for medical malpractice, workplace injuries, and serious personal injury cases. As advocates for injured individuals, we remain focused on helping victims move forward with strength and clarity.
Learn more about our experience as a personal injury lawyer or workers’ compensation lawyer. If your trust in medical care was broken, let’s take the next step together. Contact us today to discuss your case and explore every path toward recovery with Costa Ivone.