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Long-awaited malpractice reform good first step
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[AUG. 26, 2005]
SPRINGFIELD -- More than two years
after hundreds of doctors first rallied in Springfield and
Republicans began fighting to protect citizens' access to quality
health care, Illinois has a new medical malpractice reform law that
should help keep doctors from leaving the state, according to Sen.
Bill Brady, R-Bloomington.
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Signed into law Aug. 25,
Senate Bill 475 implements a number of medical, insurance and
legal reforms, and it caps noneconomic damages in medical
malpractice lawsuits at $500,000 for doctors and $1 million for
hospitals.
"On Feb. 26, 2003, several hundred doctors came to Springfield to
rally against skyrocketing medical malpractice insurance premiums
that were driving physicians and hospitals out of business and
leaving citizens with fewer health care options," Brady said. "Now,
more than two years later, we have a medical liability law that puts
some limits on exorbitant damage awards and preserves health care
choices for Illinois citizens. Although I would have liked the caps
on noneconomic damages to be $250,000 for doctors and $500,000 for
hospitals, it is significant that we convinced Democrat leaders to
accept caps at all."
[to top of second column in this article]
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 Other provisions of the agreement
will:
- Raise the standards that medical malpractice lawsuits must
meet before moving forward, as a means of preventing frivolous
lawsuits.
- Allow doctors to apologize to patients without those
statements being used against them legally.
- Enhance competition in the medical malpractice insurance
market.
- Increase the number of medical investigators and
coordinators.
- Create a website where patients can access information about
Illinois physicians and any medical malpractice lawsuits that
have been filed against them.
Brady says he expects the trial lawyers' lobbyists will challenge
this legislation in the courts, which may delay its beneficial
results.
Senate Bill 475 has an immediate effective date.
[News
release from
Sen. Bill Brady,
44th District]
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