Bill would apply tort rules to coroner and medical examiner offices

The bill would include medical examiner's offices and coroner's offices in the definition of a medical facility. This definition would apply under Article VI of Illinois's Local Governmental and Governmental Employees Tort Immunity Act, which covers hospital and public health activities. The definition would apply to the offices named in the bill. If enacted, this change would apply to causes of action accruing on or after the Act's effective date.

The bill would state that tort-immunity rules do not excuse a public employee or medical facility from liability for covered negligent or wrongful conduct involving a deceased person. The rule would cover handling, identifying, disposing of, or treating a deceased human, and would also cover a local government when its employee acts within the scope of employment. Liability would apply only when the injury was proximately caused by negligent or wrongful conduct, an act, or an omission. The provision would not state that every injury involving a deceased person creates liability. If enacted, this rule would apply only to causes of action accruing on or after the Act's effective date.