Malpractice Lawsuit Limits Overturned in Illinois.
The ruling came down as federal proposals to cap malpractice awards are receiving fresh attention on Capitol Hill. Republicans enthusiastically support the limits, and they are seen as a potential vehicle for restarting the stalled health care negotiations in Congress with bipartisan impetus. Neither the House bill that Democrats passed late last year nor its Senate counterpart included significant changes to medical malpractice regulations.
In a 4-to-2 ruling, the Illinois court wrote that the legislature, in enacting the 2005 law, violated the state Constitution’s separation of powers clause by imposing decisions that should be reserved for judges and juries. The law established caps of $500,000 for non-economic damages in verdicts against doctors and $1 million in cases against hospitals.
The decision armed opponents of such provisions with fresh ammunition, and held a particular sting for the American Medical Association, which has its headquarters in Chicago.
A statement from the American Association for Justice, formerly the Association of Trial Lawyers of America, said the decision illustrated “why federal efforts to place arbitrary limits on the amount injured patients receive won’t pass muster or fix America’s broken health care system.” Nearly 30 states have laws that limit non-economic damages, although the caps and circumstances for imposing them vary widely. According to theAmerican Medical Association, courts in 16 states have upheld the laws, while those in 11 states have overturned them.
Labels: AMA, health care reform, medical malpractice, patients' rights
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