Medical Malpractice

In 2005, in response to concerns about the cost of medical malpractice insurance, the Illinois General Assembly passed legislation to address the medical malpractice problem in our area. The bill placed caps on non-economic damage awards - $500,000 for doctors and $1 million for hospitals - while also opening up the medical malpractice insurance industry to competition and instituting other reforms.

I have always believed that this issue is best handled at the state level, as over half of all states have passed legislation addressing it. In November 2007, an Illinois judge ruled that the law was unconstitutional because it allows the state legislature control over a judge or jury’s ability to award or reduce damages. Such a legal challenge had been expected, and the case will be appealed to the Illinois Supreme Court. I will continue to follow this matter closely as the legal process continues.

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