A previous post discussed state medical boards generally, which are charged with enforcing the practice of medicine within each state. In Illinois, that law is known as the Illinois Medical Practice Act of 1987 (225 ILCS 60/1 et seq), not to be confused with the Illinois statutes governing medical malpractice lawsuits (735 ILCS 5/2-1701 et seq). As the previous post discussed, state medical boards operate outside of the civil justice system — meaning they have no ability to compensate victims of medical negligence for each element of damages permissible under state law. Consequently, victims and their families should contact a top medical malpractice lawyer in Chicago regarding their rights.
The Illinois Medical Practice Act governs many aspects of the practice of medicine in the state of Illinois, including:
• Medical Licensing
• Disciplinary Action Against Physicians
• Peer Reviews
• Educational and continuing education requirements
• Limits on advertising
• Illinois Patients’ Right to Know law
As noted above, disciplinary actions fall under the Medical Practice Act. The Act lists 43 grounds under which a physician’s license may be revoked, suspended, placed on probationary status, refused to renew, or “other disciplinary action as the Department may deem proper.” The Department may refer physician misconduct to the Illinois Division of Professional Regulation.
Grounds for disciplinary action include, but are not limited to, the following:
• Gross negligence
• Dishonorable, unethical unprofessional conduct
• Failure to comply with probationary conditions
• Failure to maintain medical records
• Abandoning a patient
• Sexual Misconduct
• Failure to report “any adverse final action” taken by other entities, such as other state medical boards, peer review bodies or law enforcement agencies
The Medical Practice Act is a good piece of legislation to condemn the most egregious or reprehensible conduct of medical professionals. The Act, however, is no substitute for medical malpractice litigation. As previous posts have discussed, the state medical boards are not designed to investigate and condemn all acts of medical negligence or malpractice. Furthermore, because the boards are comprised of other doctors, there is not an incentive to discipline their peers for negligent conduct.
If you or a loved one has been severely injured by a medical professional, contact an experienced personal injury lawyer today. Our Chicago medical malpractice lawyers are experienced and skilled at handling sophisticated medical cases. To speak with one of our attorneys, call Passen Law Group at (312) 527-4500 for a free consultation.