Cook County Judge Throws Out Medical Malpractice Caps

     “Back in 2005, the Illinois General Assembly passed common sense medical malpractice legislation which resulted in the retention of quality doctors,” Fortner said. “Access to affordable healthcare is a priority for all families. The placement of financial caps on the “pain and suffering” portion of lawsuits is one way to keep the cost of healthcare in check and ensure that quality doctors remain in our state.”

     After years of negotiation and compromise, the Illinois General Assembly passed comprehensive medical malpractice reform. Senate Bill 475 (Public Act 94-677) discouraged frivolous lawsuits and limited non-economic damages in malpractice cases to $500,000 for physicians and $1 million for hospitals.

     Despite strong public support for medical malpractice reform, trial lawyers and other special interest groups filed suit to overrule the lawsuit limits. Circuit Judge Diane Larsen ruled yesterday that the law violates the state Constitution’s separation of powers clause. The case will now go to the Supreme Court.

     “Before medical malpractice reform, residents in certain areas of the state were forced to drive hours to see specialty doctors such as an OB-GYN or a neurologist. In cases of emergency, an individual doesn’t have “hours” to drive to see a doctor - they need immediate care. We shouldn’t put the lives of our residents in danger,” Fortner said.

     Following passage of the 2005 law, malpractice liability insurers proceeded to lower premium rates for doctors and hospitals. The state’s largest medical insurer even lifted a four-year moratorium on new policies, allowing up to 400 more doctors to receive coverage.