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Illinois Malpractice Bill SignedFrom: dean@thehuffpeople.netFri Aug 26 14:39:05 2005
.. Malpractice bill signed -- Caps on jury awards likely to face court challenge Springfield, Illinois, State Journal-Register ALTON - Gov. Rod Blagojevich on Thursday signed into law a measure that attempts to hold down steep medical malpractice costs for doctors by limiting the amount of money people can collect in lawsuits against hospitals and physicians. But the measure, which passed the legislature in May after two years of political gridlock, appears headed to court, with trial lawyers, victims� groups and other critics claiming that the caps deny some victims their right to fair compensation in violation of the Illinois Constitution. �The legislation will be challenged unequivocally, as it should be,� said state Rep. John Fritchey, D-Chicago. �The victims at the end of the day are not doctors and lawyers; they are patients.� The measure caps non-economic damages, such as for pain and suffering, that malpractice victims can win in court - a $500,000 limit when defendants are doctors, a $1 million limit against hospitals. It also gives state regulators more power to review and change malpractice rates, investigate complaints and punish bad doctors. �We fully expect the bill I signed today will lead to lower insurance premiums. In fact, we demand it, and we will not take anything less,� the Democratic governor said at the bill signing at St. Anthony�s Hospital in this Mississippi River city. Supporters say that capping non-economic damages in lawsuits - which about two dozen other states already do - will lower rising malpractice insurance costs that have driven doctors out of Illinois. Doctors, many of them wearing green wrist bands saying �Keep doctors in Illinois� packed the conference room where the governor signed the bill. Still, Blagojevich said he considered the bill imperfect because of the caps on non-economic damages, something he disagrees with because he believes jurors should make that call. He also said he knows signing the bill could alienate some of his friends and supporters. �Irrespective of whatever differences we encountered to get where we are today, this is the right thing to do, it�s a necessary thing,� he said. State officials have said there�s no definitive data on how many doctors have left Illinois or just how much insurance rates have climbed in recent years. �You can�t have a malpractice case without having medical malpractice occurring,� said Keith Hebeisen, the Illinois Trial Lawyers Association�s president. �It�s like putting a Band-Aid on a major gunshot wound. �What are we doing to mandate improvements in patient safety?� Hebeisen expects the law�s caps provision to be challenged as soon as a case arises involving a catastrophically injured person unfairly affected by the ceiling on damages. Caps have been struck down as unconstitutional before, including twice by the Illinois Supreme Court. Both sides predict the issue again will make its way to the state Supreme Court, and backers of the legislation believe this version will hold up. �Every single bill I sign I fully expect is constitutional. I�m confident the same is true here,� Blagojevich said. Doctors and hospitals say the insurance rates for specialists such as obstetricians and neurologists have doubled within a couple of years. Cap supporters blame frivolous lawsuits and huge jury awards for the rising costs. But trial lawyers, victims� rights groups and some Democrats say insurance companies actually are raising their rates to make up for losses in the stock market and other poor business decisions. Some complained the measure had more to do with providing political coverage for legislators in downstate regions that are suffering from a shortage of doctors. Still, Hebeisen said reforms requiring insurance companies to detail their rate-making formulas and strengthening other insurance rules are improvements. �Every patient and physician in Illinois should be happy to know that positive change is on the way,� said Illinois State Medical Society president Dr. Craig Backs. The U.S. Chamber of Commerce�s Institute for Legal Reform cheered Thursday�s bill signing as �a much-needed step in the right direction.� That group also plans to launch a statewide advertising campaign pitching the need for additional reforms, insisting lawsuit abuse creates a hostile business climate that puts Illinois� jobs at risk.
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