Lawmakers React To Court’s Med Mal Cap Ruling

By Benjamin Yount 217-528-9844

SPRINGFIELD – Reaction from the Illinois Capitol to the state supreme court’s decision to strike down medical malpractice caps was swift but divided.

The high court said the caps on non-economic, or pain and suffering, damages run afoul of the constitution because the caps cross the line into the separation of powers. But a wrinkle in the 2005 law ties the malpractice caps to the rest of the reforms. So the justice’s decision invalidates all of the reform legislation.

Reaction from the statehouse came quickly, and reflected the acrimony of the debate five years ago.

State Rep John Fritchey, D-Chicago, said the caps on pain and suffering should never have been included in the law. He said people in this state have the right to have a jury decide their case, not the General Assembly.

Fritchey said lawmakers did include a number of well-meaning reforms in the 2005 legislation. He hopes to see those measures revived in new laws later this year.

But Republicans are less accepting of the decision from the court.

State Rep. Ron Stephens, R-Savannah, said the supreme court got it wrong.

“The supreme court has ruined our work, and they were wrong to do that. It was a political judgment driven by trial lawyers in Chicago and the Metro East.” {s1}

Stephens said the crisis of losing doctors to costly medical malpractice costs was real, and could become real again.

The Republican leadership in Springfield agreed.

House Minority Leader Tom Cross, R-Oswego, said in a statement that the ruling is a step backwards.

“With caps on non-economic damages and other reforms in place, competition has increased among insurance providers, medical malpractice insurance premiums have dropped between 5 and 30 percent, and doctors have begun to return to Illinois to care for families.”

The top Republican in the state senate, Christine Radogno, R-Lemont, said lawmakers will likely take up medical malpractice reform again.

“The Illinois General Assembly must revisit the issue again to maintain its credibility and restore some sanity to the civil justice system” said Radogno.

The response was less critical from the Illinois Trial Lawyers Association.

Peter Flowers, 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, and ensure access to quality care for every resident in the state.”

The decision from the supreme court came in the case of young Abigaile Lebron. She was not given enough oxygen at birth and suffers from severe disabilities.