Will Illinois High Court Roll Back Medical Liability Success?
December 3, 2008
Three years ago, in response to a medical liability crisis that had doctors fleeing the state, the Illinois General Assembly passed legislation (signed by Democratic Governor Rod Blagojevich) to establish reasonable limits on medical liability awards. Since then, according to a Wall Street Journal editorial, insurance companies began competing again in the state, liability premiums have fallen by 30% and hospitals are having an easier time finding doctors.
But the personal injury bar is fighting back. Last year a Cook County trial court struck down the statutory limits – a decision that has been appealed to the Illinois Supreme Court. Twice before the state’s high court rejected attempts by the legislature to limit damage awards.
The new law was carefully crafted with those two cases in mind, but it’s an open question whether the high court will override the will of the legislature for a third time. As the Journal concludes, the Illinois Supreme Court will have to decide if it will “…once again do the bidding of the plaintiffs’ bar, or this time side with patients and the rule of law.”