Illinois Should Keep Legislation That Caps Medical Damage Awards, Retains Physicians In State, Editorial Says

Main Category: Litigation / Medical Malpractice
Also Included In: Primary Care / General Practice
Article Date: 02 Dec 2008 - 4:00 PST

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Since Illinois in 2005 passed the Medical Malpractice Reform Act to put limits on medical damage awards, "[m]uch good has resulted," such as a more stable physician population and more accessible health care, but "those trends could be reversed" if trial lawyers succeed in a case against the legislation being heard by the Illinois Supreme Court, according to a Wall Street Journal editorial.

According to the editorial, in 2005 Illinois' "medical litigation climate was one of the nation's worst," with damage awards increasing by 247% between 1998 and 2003, forcing many physicians to leave the state and others to forgo performing high-risk procedures. In response, the state General Assembly in 2005 passed the act, capping medical malpractice jury awards for pain and suffering against physicians at $500,000 and against hospitals at $1 million. According to the editorial, "[d]octors no longer flee the state in droves, and health care is more accessible."

However, a trial court in Cook County last year invalidated the caps, ruling that they violate separation-of-powers principles because they remove judges' ability to regulate excessive verdicts. The editorial states that it would prefer a "loser pays" rule comparable to the current British system to discourage "frivolous suits." The editorial continues that "limiting damage awards is the only way to stop jackpot judgments that drive doctors away and hurt the quality of medical care." The editorial notes that the caps "balance the occasional need for legal redress with the larger public need for affordable health care." The editorial concludes that the Illinois Supreme Court can "once again do the bidding of the plaintiffs bar" or this time it can "side with patients and the rule of law" (Wall Street Journal, 12/1).

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