IL Lawmakers OK Deal to Fight Malpractice
By Daniel Hawn
Published on July 23, 2005
Ending two years of political gridlock, Illinois lawmakers moved to help lower doctors' medical malpractice insurance rates by approving legislation to limit lawsuit awards and strengthen oversight of insurers and doctors.
After long debates filled with accusations of political pandering, the Illinois House and Senate early Tuesday sent the proposal to Gov. Rod Blagojevich, who has pledged to sign it.
"We need to do all we can to keep doctors in our state caring for our families instead of watching them flee to escape the high cost of medical malpractice premiums," the Democratic governor said in a statement, though he says he personally opposes limiting lawsuit awards.
The legislation was crafted last week by Democratic leaders working with the doctors and hospitals who have been pushing for legislative action for the last two years.
The House approved it 68-46 Monday afternoon, and the Senate passed it 36-22 early Tuesday, the day lawmakers are scheduled to end their legislative session.
The centerpiece of the plan is the caps on non-economic damages, such as for pain and suffering, that malpractice victims can win in court a $500,000 limit when the defendants are doctors and a $1 million limit against hospitals. The measure also gives state regulators more power to review and change malpractice rates, investigate complaints and punish bad doctors.
Supporters say that capping non-economic damages in lawsuits which about 25 other states already do will reduce rising malpractice insurance costs that have driven doctors out of Illinois.
Critics, including trial lawyers and victims' groups, claim the caps only punish victims who have legitimate complaints. Sen. James Meeks, an independent from Chicago, argued that it would discriminate against stay-at-home mothers, the poor, the elderly and others with limited incomes.
Meeks accused Democratic leaders of backing the bill just to avoid losing downstate Senate seats. "We're forced to call a bad bill to stay in the majority," he said. "People will walk around crippled, people will walk around maimed because we're taking a political vote."
Caps have been struck down as unconstitutional before, including by the Illinois Supreme Court, but supporters of the legislation believe their version will hold up.
Supporters pushed to tie the caps and other legal reforms including new restrictions on lawsuit filings and expert witnesses to changes in insurance requirements and doctor discipline so all would be void if the caps were challenged and thrown out by the courts.
"This is what we think is going to solve the medical malpractice problem and the crisis," said Rep. Dan Reitz, a Democrat sponsoring the bill.
Both sides still predict the issue will end up before the state Supreme Court again, which would delay any effect it might have on lowering insurance rates.
Cap supporters, including doctors, hospitals and Republicans, blame frivolous lawsuits and huge jury awards for the rising costs. But trial lawyers, victims' rights groups and some Democrats say insurance companies are actually raising their rates to make up for losses in the stock market and other poor business decisions.
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