Malpractice review filed
SPRINGFIELD — The Illinois State Medical Society and the American Medical Association filed an amicus brief today asking the Illinois Supreme Court to preserve Illinois patients’ future access to medical care by upholding the state’s 2005 medical lawsuit reform law, and thereby overturning the Cook County Circuit Court’s November 2007 decision declaring it unconstitutional.
"The state legislature, in a nonpartisan manner, thoroughly debated and carefully crafted the medical lawsuit reform law to stop the steady exodus of doctors retiring early, dropping high-risk specialties, and leaving the state due to an out-of-control medical litigation climate in Illinois," stated Illinois State Medical Society President Dr. Shastri Swaminathan. "The reform law fairly balances an individual’s right to sue for medical negligence with the needs of Illinois citizens to find good medical care."
Among a host of reform provisions aimed at preserving patient access to medical care, the law in question capped non-economic damage awards at $500,000 for physicians and $1 million for hospitals. Non-economic damages are largely unpredictable and unquantifiable sums awarded by juries for emotional issues such as pain and suffering. Under the reform law, victims of true medical negligence could still receive unlimited economic damages such as lost wages, medical expenses, and future earning potential.
"Medical liability reforms that include caps on non-economic damages work," said AMA Board Chair Edward L. Langston, M.D. "A comparison of states shows that those with caps on non-economic damages have an increased supply of physicians and high-risk specialists, resulting in more physicians to care for patients. In addition, physicians pay at least 17 percent less in liability premiums in states with caps on non-economic damages, which helps physicians continue to practice medicine as liability premiums remain at historically high levels."
While Illinois’ high court has not set an official date for issuing its ruling on the constitutionality of medical lawsuit reforms, it is expected that more briefs will be filed by both plaintiffs and defendants throughout the summer months, with oral arguments occurring soon thereafter. Other pro-reform law briefs were also filed today by former U.S. Solicitor General and renowned legal scholar Theodore Olson on behalf of the defendants, and others on behalf of the Illinois Hospital Association, the Metropolitan Chicago Healthcare Council, and their hospital members involved in the underlying medical negligence litigation.
"Once medical lawsuit reform is declared constitutional, we expect Illinois’ legal climate to stabilize and ultimately become a place where doctors want to practice," Dr. Swaminathan said. "And that’s good for all of us who may have to find a doctor some day in the future."