Business Briefs
BUSINESS BRIEFS
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 Chairman Dr. Edward L. Langston. "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.
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