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Don't panic over judge's ruling on medical malpractice
By the Pantagraph Editorial Board
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Let's not push the panic button because of a ruling by one judge in Cook County striking down a state law that limited the amount of money that can be recovered in medical malpractice suits.

Madison and St. Clair counties in southwestern Illinois might still retain the reputation as places to hit the lawsuit jackpot. But, when it comes to the American Tort Reform Association's annual ranking of "judicial hellholes," Cook County outranked them both, in fourth position nationally on the "hellhole" list.

Last year's report by the association referred to "general hostility toward corporate defendants" in Cook County. So perhaps it shouldn't be a surprise that a Cook County judge was the first to strike down the malpractice reform law passed in 2005.

Under that law, victims who win malpractice suits can be awarded no more than $500,000 from doctors for non-economic damages, such as pain and suffering. The cap on damages collected from hospitals is $1 million. There is no statutory limit on actual damages, such as lost income and costs for medical care.

The main test will come when the case reaches the Illinois Supreme Court.

This law was designed to overcome objections raised by the Supreme Court in striking down two previous attempts at imposing caps.

Before the law was passed, some parts of the state had trouble attracting and retaining physicians, especially specialists in areas such as obstetrics and neurology. That meant patients had to travel farther or wait longer to get necessary medical help.

Ed Murnane, president of the Illinois Civil Justice League, expressed disappointment in the decision and confidence that the Supreme Court will reverse the lower court' ruling.

In a statement released after the ruling, Murnane said, "It is a common sense, reasonable law that should be upheld." He described the reforms as "very necessary" to preserving Illinois' health care system.

Until this month's Cook County ruling, the law - which also increased state regulatory powers - had been credited with addressing the concerns which prompted its passage.

The Associated Press reports that insurance rates are going down along with the number of malpractice suits and doctors are not fleeing the state for less-lawsuit-happy locations.

One court ruling shouldn't change that.

Our prescription for insurance companies and doctors is to wait and see what the Supreme Court does before making any drastic moves.

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Reader comments on this story - 4 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

to To:??? wrote on Nov 26, 2007 2:42 PM:

" As someone who worked for years in a pharmacy, I agree with you. "

Why not panic? wrote on Nov 26, 2007 2:35 PM:

" This is one editorial I don't understand at all. Why shouldn't doctors thinking of moving here (or moving out of state) panic when a judge rules against reasonable caps on pain and suffering? Until that judgment is reversed, won't juries on current cases be guided by it? Who knows how long it will take the Supreme Court to address the issue. Considering the chaotic situation in the courts, I would say panic is justified- not just by doctors but the rest of us as well. "

To:??? wrote on Nov 26, 2007 9:00 AM:

" Because Americans in general want to keep healthy by medicating ourselves, rather than taking care of ourselves properly. It's easier to pop a Xanax and an Actos at night, rather than give up the Big Macs, pepperoni pizzas, and beers. "

??? wrote on Nov 26, 2007 2:02 AM:

" If malpractice insurance rates are going down why are doctor and hospital fees still going up? "
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