Illinois Supreme Court strikes down malpractice caps

This morning the Illinois Supreme Court struck down medical liability reforms signed into law in 2005--this is the third time the state's highest court has taken such an action.

The high cost of malpractice insurance has led to an exodus of neurosurgeons and obstetricians from Illinois. Downstate has suffered the most from this doctor shortage.

Worse, medical students in Illinois and beyond are choosing to avoid these fields.

Ed Murnane, president of the Illinois Civil Justice League, released the following statement about today's decision.

This is very disappointing – and frustrating. Republicans and Democrats in the Illinois General Assembly passed this law in 2005 after carefully considering all the potential and likely issues that could lead to a challenge. They knew it would be challenged and some very brilliant legal minds were involved in the drafting of the legislation and the defense of the law before the Supreme Court.

It is very unfortunate that an issue that has an impact on the quality of health care for Illinois citizens can be decided by the Supreme Court choosing between doctors and patients on one side, and trial lawyers on the other — and siding once again with the trial lawyers.

We commend Justices Garman and Karmeier for their dissent. Clearly, they understand what is at stake for the people of Illinois.

Here's something else to think about--a doctor friend of mine used to volunteer one day a month at a free medical clinic. Because his malpractice insurance was hiked, he had to quit volunteering work and insead work shifts in an emergency room--for pay, of course. A worthy endeavor, yes, but what about the patients at that clinic?

And have other doctors been forced to make that same choice?

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