Long-awaited malpractice reform good first step

[MAY 28, 2005]  SPRINGFIELD -- State Sen. Bill Brady, R-Bloomington, says the medical malpractice reform agreement reached Wednesday will be good for Illinois citizens.

The agreement, which will be added as an amendment to Senate Bill 475, includes comprehensive medical, insurance and legal reforms, and caps noneconomic damages in medical malpractice lawsuits at $500,000 for doctors and $1 million for hospitals.

"More than two years ago -- 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 Illinois citizens with fewer health care options," Brady said. "At that same time, I introduced legislation that addressed the crisis, but state Democrat leaders blocked my efforts. Now, more than two years later, we have finally come to a long overdue compromise that will benefit the citizens of Illinois."

The 44th District senator says he doesn't agree with all provisions, but the agreement is heading in the right direction.

"While I consider it a victory that we convinced Democrat leaders to cave on their opposition to caps on noneconomic damages, I would have liked the caps to be $250,000 for doctors and $500,000 for hospitals," Brady said. "But, this is a good first step."

Other provisions of the agreement will:

• Create a website where patients can find information on Illinois physicians and any medical malpractice lawsuits that have been filed against them.
• Increase the number of medical investigators and coordinators.
• Enhance competition in the medical malpractice insurance market.
• Raise the standards that medical malpractice suits 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.

Supported by both the Illinois State Medical Society and Illinois Hospital Association, the agreement is expected to begin in the House of Representatives and then proceed to the Senate before being sent to the governor, who has said he will sign the measure.

[News release from Sen. Bill Brady]

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