The Chicago Sun-Times reporting:
The Illinois Supreme Court says limiting damage amounts in medical malpractice cases violates the state’s Constitution.
In an opinion filed Thursday, the court says such caps violate the principle of separation of powers. The court says the limits the Illinois General Assembly adopted in 2005 would infringe on the judicial branch’s power.
The caps were seen as a way to lower medial insurance rates blamed for driving doctors out of the state. The measure limited what victims could collect for non-economic damages such as pain and suffering to $500,000 against doctors and $1 million against hospitals.
A Cook County judge ruled in 2007 that caps interfered with juries’ power to award appropriate damage awards for medical errors. That sent the issue to the high court.
Today’s opinion sparked significant reaction:
Christopher Hage, attorney in Oak Park, Ill.:
“This opinion is very bad news for the people of downstate Illinois that are once again going to lose access to neurosurgeons and obstetricians. Before these reforms became law, specialty doctors were fleeing the state. Pregnant women had to drive long distances to reach their physicians and car accident victims were helicoptered into neighboring states. The Illinois General Assembly acted to fix the situation on a bipartisan and decisive way. The failure of the Illinois Supreme Court to uphold that package of medical malpractice reforms shows a profund disrespect for the law-making body of our state. Once again, the Illinois Supreme Court has ignored the principle of the separation of powers that is essential to our system of government. Unfortunately, the hospitals and doctors of this state are already reeling from the state’s failure to pay their medicaid bills. Now many of them are sure to lose their malpractice insurance or see the rates climb dramatically.”
We’ll have more reactions and statements as they become available…
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