CBA Record September-October 2025

and state and government defendants. Troublingly, these types of claims are among the most common types of wrong ful death claims. The article focuses primarily on the medical malpractice exception, which some have justified by arguing that it reduces healthcare costs and medical malpractice insurance pre miums. The article counters that while these concerns may be legitimate, the data shows they are unfounded. There is no compelling reason for a medical mal practice exception other than protecting members of a politically influential pro fession even when they engage in repre hensible conduct. Similarly, there is no rational reason to exempt legal malprac tice other than protecting another power ful professional group. The article urges lawmakers to remove the malpractice exceptions and to fully allow punitive damages in wrongful death cases. Doing so would level the playing field between plaintiffs and defendants and allow juries to impose punitive damages that reflect appropriate societal outrage.

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Two Steps Forward, One Step Back: Illinois’ New Rule on Punitive Damages in Wrongful Death Cases By Alberto Bernabe, 49 S. ILL. U. L.J. 1 (2024) Reviewed by Alena Prcela, 2L at Northwestern University Pritzker School of Law

Until 2023, when the Illinois legislature amended the Wrongful Death Act and the Survival Act, Illinois was one of only a few states that barred punitive damages in wrongful death cases. The pre-2023 rule created a disturbing contradiction: In tort cases, it is cheaper to kill than to injure. This article argues that though the amendments are a step in the right direc tion, they are flawed because they protect powerful defendants at the expense of vul nerable victims. Punitive damages not only compensate

the decedent’s beneficiaries, but they also serve a crucial societal function: express ing community outrage and deterring future wrongdoing. For years, Illinois cases had questioned the logic of exclud ing punitive damages in wrongful death cases—where society maintains a strong interest in punishment and deterrence. However, it was not until 2023 that the legislature responded. Unfortunately, legislative changes still bar punitive damages in claims involving medical malpractice, legal malpractice,

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