As used in this Part, "economic loss" and "non-economic loss" are defined as in Section 2-1115.2.
2-1702.Economic/Non-Economic Loss.
Article II. Civil Practice · Part 17. Healing Art Malpractice · Last amended 1995 · Last verified July 20, 2026
The official Illinois Compiled Statutes database prints two separate versions of this section — a Public Act later held unconstitutional alongside the text as it read before that amendment; both are shown below.
In one sentenceSection 2-1702 defines economic and non-economic loss for medical malpractice actions, and the compiled statute prints two versions of the definition: an original 1985 text that defines both terms directly, and a 1995 amendment that instead cross-references Section 2-1115.2.
Full Text of 735 ILCS 5/2-1702
735 ILCS 5/2-1702. With the changes made by P.A. 89-7 (held unconstitutional)
735 ILCS 5/2-1702. Without the changes made by P.A. 89-7 (held unconstitutional)
As used in this Part:
(a) "Economic loss" means all pecuniary harm for which damages are recoverable.
(b) "Non-economic loss" means loss of consortium and all nonpecuniary harm for which damages are recoverable, including, without limitation, damages for pain and suffering, inconvenience, disfigurement, and physical impairment.
Plain-English Summary
Section 2-1702 fixes what counts as “economic loss” and “non-economic loss” for this Part, terms used throughout the damages provisions that follow. Because the General Assembly amended this section after it was first enacted, the compiled Code preserves two versions side by side rather than one.
The original 1985 text, enacted by Public Act 84-7, defines both terms directly. “Economic loss” means all pecuniary harm for which damages are recoverable. “Non-economic loss” means loss of consortium and all nonpecuniary harm for which damages are recoverable, including — without limiting the category — pain and suffering, inconvenience, disfigurement, and physical impairment.
Public Act 89-7, effective March 9, 1995, replaced that direct definition with a cross-reference: under the amended text, “economic loss” and “non-economic loss” carry whatever meaning Section 2-1115.2 gives them. Both versions appear in the current compilation, so a reader working with this section should confirm which version applies to the matter at hand rather than assume only one text controls.
Frequently Asked Questions
What is “economic loss” under the original version of Section 2-1702?
Under the 1985 text enacted by Public Act 84-7, economic loss means all pecuniary harm for which damages are recoverable.
What is “non-economic loss” under the original version of Section 2-1702?
Loss of consortium and all nonpecuniary harm for which damages are recoverable, including pain and suffering, inconvenience, disfigurement, and physical impairment, without limiting the category to those examples.
Why does this section have two different versions?
Public Act 89-7, effective March 9, 1995, amended the section to define economic and non-economic loss by reference to Section 2-1115.2 instead of stating the definitions directly. The compiled statute keeps both the original and the amended text.
Does the amended version of Section 2-1702 change what economic and non-economic loss mean?
The amended version does not restate the definitions itself — it points instead to Section 2-1115.2, so the operative definitions live in that section rather than in Section 2-1702’s own text.
Which version of Section 2-1702 should I rely on?
That depends on which version governs the action at hand. Because the compiled Code carries both the pre-1995 and post-1995 text, confirm which version applies before relying on either definition.
Amendment History
With the changes made by P.A. 89-7 (held unconstitutional)(Source: P.A. 89-7, eff. 3-9-95.)
Without the changes made by P.A. 89-7 (held unconstitutional)(Source: P.A. 84-7.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: economic loss non-economic loss IllinoisSection 2-1702 Illinoismedical malpractice damages definitions Illinoisloss of consortium Illinois malpracticepain and suffering definition Illinois statute