Tribune Editorial: A disastrous decision
February 5, 2010
The Illinois Supreme Court on Thursday threw out a sound law passed by the General Assembly in 2005 to protect health care in this state. The court threw out a sound law that has worked. The court threw out a sound law and essentially told the state’s lawmakers: Don’t even bother to try this again.
This is a disastrous decision.
It declares that caps on medical malpractice awards violate the state constitution’s separation-of-powers clause. The caps limited noneconomic damages, such as pain and suffering, to $500,000 in claims against doctors and to $1 million in claims against hospitals.
The Legislature acted appropriately in response to a crisis. Malpractice costs were skyrocketing in Illinois because insurers were afraid to do business here. They were afraid of runaway jury verdicts. They also knew that more than 20 states had some caps on damages, making those states much safer places to do business.