Illinois Supreme Court Overturns Medical Malpractice Caps
The Illinois Supreme Court just ruled that it is unconstitutional to cap damages on jury awards, overturning the state's 2005 landmark medical malpractice reform law.
The 2005 law capped "pain and suffering" jury awards against physicians at $500,000 and hospitals at $1 million. Today's ruling essentially stated that the law infringed on an issue that is supposed to be decided through the court system.
Illinois' medical and business industries have long held that out-of-control jury awards against physicians and hospitals led to skyrocketing medical malpractice rates and forced Illinois physicians to move their practices elsewhere, especially in the Metro East, which is nationally known for high malpractice jury awards. Lawyers and labor and patient rights groups point the finger at the insurance industry for the high malpractice rates.
In an unusual development, some of the Illinois justices apepared to take personal shots at each other in their written opinions. Maryjane Wurth, president of the Illinois Hospital Association, said, "The hospital community is deeply concerned that this decision will renew the malpractice lawsuit crisis and make it more difficult for Illinoisans to access or afford health care." Peter Flowers, the president of the Illinois Trial Lawyers Association, said, "With this decision, we can now focus on the real issue - providing meaningful insurance reform that will keep costs down for doctors and patients alike."
