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Last updated 11:43 am CT September 02, 2010.
Malpractice Caps Found Unconstitutional
The operation room is one of the most sterile environments and also one of the most unpredictable...
"There are times where, despite people's best efforts, things don't go right."
And that's where medical malpractice lawsuits come into play. Illinois lawmakers have tried three times to join the more than 30 neighboring states which do have medical malpractice lawsuit caps. But, the most recent attempt enacted in 2005, has been thrown out by the Illinois Supreme Court.
"The ruling is that the legislature does not have the power to do things that are properly within the judicial branch," says past president of the Illinois Trial Lawyer's Association. "It's called separation of powers."
Groups like Citizen Action Illinois praise the court's decision and say victims of medical malpractice should not be victims in the courtroom, too.
"Non-economic damages are meant to restore to the victim that which has been lost thru injury: life, companionship, the ability to love, to laugh, to learn," explains William McNary with Citizen Action Illinois.
Southern Illinois Healthcare CEO, Rex Budde, is disappointed with the ruling. He says, no one wants to deny compensation to victims, but removing caps from lawsuits may leave Illinois patients at a disadvantage...
"If you go back to where we were a few years ago, before the reform was passed, we had lots of problems with the recruitment of physicians. Illinois is in a competitive disadvantage compared to surrounding states that do have reform."
Budde says, not only will this lead to tougher recruitment, but also a difficult time keeping doctors.
Lawmakers and citizen organizations say, while the caps are gone, their concern for premium reform isn't. They say, they'll continue to fight for legislation addressing insurance in the hopes of keeping doctors in the state.
By: Rachel Gartner
rgartner@wsiltv.com
Now: 1283451461
