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Malpractice bill imperfect, constructive
The medical malpractice bill compromise that was reached this week by Illinois legislators is like a lot of compromises.
There's something for everyone to like and something for everyone not to like.
The bill, which could end two years of legislative wrangling, includes the controversial caps on noneconomic damages in malpractice cases, increased discipline for doctors and more disclosure about those proceedings and insurance reforms.
Trial lawyers, insurance companies and the medical profession have been pointing fingers at one another for two years, claiming the others were to blame for the high cost of medical malpractice insurance and the resulting difficulty in recruiting and retaining doctors in some less-populated areas of the state.
The legislation was considered by a House committee Thursday and will be discussed by both legislative bodies in the next few days.
In a significant move, Gov. Rod Blagojevich indicated he would sign the bill. He had previously opposed caps on noneconomic damages, but his spokesperson said since the bill also contained insurance reform he would "not stand in the way."
Without a doubt, the caps on noneconomic damages are the most controversial aspect of the bill. The caps would limit noneconomic damages to $500,000 for a doctor and $1 million for a hospital. Noneconomic damages " sometimes called damages for pain and suffering - generally are those factors that cannot be specifically identified.
The caps on noneconomic damages will also likely be tested in court. The Illinois Supreme Court has twice overturned caps, although legislators believe this bill is written to help pass the court's scrutiny. Legislators also argued that at this time there is a necessary public policy need for the caps in malpractice cases.
Although the caps will get a lot of attention, there are other aspects of the legislation that are equally important.
For example, the legislation calls for a physicians profile Web site that will provide patients with five years of disciplinary information. In addition, doctors under the new law will be allowed to say they're sorry for a mistake without that statement being used against them in court. Currently, doctors are reluctant to apologize for fear that the information will be used against them.
The legislation also calls for insurance companies to disclose actuarial data, which will help folks understand how the premiums are set.
This bill, while not perfect in anyone's eyes, solves some significant problems surrounding access to medical care. It will help downstate areas attract and retain physicians and will allow folks to receive medical treatments closer to home.
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