General Assembly reaches agreement on medical malpractice reform         

[MAY 27, 2005]  SPRINGFIELD -- After nearly 18 months of discussion and debate, Republican and Democratic lawmakers in the House and the Senate have reached a compromise on comprehensive medical malpractice reform, announced state Sen. Larry Bomke, R-Springfield.

Bomke explained that the measure, soon to be House Amendment 1 to Senate Bill 475, includes caps on noneconomic damages, which have been set at $500,000 for physicians and $1 million for hospitals. Bomke stressed that although placing caps on noneconomic damages has been a contentious and divisive issue, it was a necessary component in creating meaningful malpractice legislation.

[Noneconomic damages -- Damages for pain, suffering, loss of companionship, consortium (love of spouse). These are as opposed to economic losses, such as loss of wages, medical bills and damage to property. Occasionally, laws limit the amount of “noneconomic" damages which can be recovered for torts.]

"Instituting caps on noneconomic damages was a provision that the Senate Republican Caucus and doctors from all over the state have been calling for since Day One," explained Bomke. "Illinois' medical community has been faltering under the weight of exorbitant insurance costs resulting from huge jury awards. Caps on noneconomic damages will provide financial relief for physicians and hospitals and prevent additional doctors from leaving the state."

Additionally, Senate Bill 475 will create a physicians profile website where the public can access information on Illinois doctors, including malpractice awards, criminal convictions and educational background. The bill would also increase the number of medical investigators and coordinators and allow for greater competition in the insurance market, which is expected to lower insurance costs for Illinois physicians.

Furthermore, the bill includes legal reforms intended to reduce the number of frivolous medical lawsuits, specifically a condition that tightens the "affidavit of merit," and raises the standards medical malpractice suits must meet before they move forward. The legislation would allow doctors to apologize for adverse outcomes without fear that their apology will be used against them in court.

Bomke said that lawmakers in both parties have worked together for over a year to create medical malpractice reforms that would place a reasonable limit on the costly jury awards and exorbitant insurance rates. He did, however, express disappointment that greater legal reforms were not included -- specifically mentioning the exclusion of specialized courts to consider malpractice cases and provisions protecting doctors' personal assets.

"Regardless of what was not included, there is no doubt that this bill is critically important to Illinois doctors and patients," Bomke said. "The reforms contained in Senate Bill 475 will take enormous strides toward resolving the medical malpractice crisis. Both chambers in the General Assembly have agreed upon the legislation; it is supported by the medical society and the hospital association; and Gov. Blagojevich has promised to approve the legislation."

"Although this legislation must still be approved by the legislature and signed by the governor, it appears that Illinois is well on its way to instituting comprehensive medical malpractice reforms."

[News release from Sen. Larry Bomke]

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