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Friday, August 26, 2005
Law - "Illinois medical malpractice law faces challenges"
"Illinois medical malpractice law faces challenges" is the headline to an AP story published in the Evansville Courier& Press today. Some quotes:
Gov. Rod Blagojevich on Thursday signed a new law that attempts to hold down steep medical malpractice costs for doctors by limiting the amount of money people can collect in lawsuits against hospitals and physicians.But the measure, which passed the Legislature in May after two years of political gridlock, appears headed to court, with trial lawyers, victims' groups and other critics claiming that the caps deny some victims their right to fair compensation in violation of the Illinois Constitution. * * *
The measure caps non-economic damages, such as for pain and suffering, that malpractice victims can win in court - a $500,000 limit when defendants are doctors, a $1 million limit against hospitals. It also gives state regulators more power to review and change malpractice rates, investigate complaints and punish bad doctors. * * *
Supporters say that capping non-economic damages in lawsuits - which about two dozen other states already do - will lower rising malpractice insurance costs that have driven doctors out of Illinois. * * *
[Keith Hebeisen, the Illinois Trial Lawyers Association's president] expects the law's caps provision to be challenged as soon as a case arises involving a catastrophically injured person unfairly affected by the ceiling on damages.
Caps have been struck down as unconstitutional before, including twice by the Illinois Supreme Court.
Posted by Marcia Oddi on August 26, 2005 08:06 AM
Posted to General Law Related