SPRINGFIELD - Medical malpractice reforms that Republicans and downstate Democrats have long been calling for passed the House on Monday despite claims the language is unconstitutional.

At press time the measure was before a Senate committee to be considered for a floor vote.

Senate Bill 475 would cap doctor's liability for pain and suffering awards at $500,000 and hospitals at $1 million. Lawmakers claim doctors have been leaving the state in droves because of high medical malpractice premiums.

"We have a rationally related bill here to a legitimate state interest of providing access to health care to the citizens of this state," said state Rep. Chapin Rose, R-Mahomet.

After years of debate, the Democratic leadership recently agreed to allow medical malpractice reform legislation to be considered on both floors. But some lawmakers said it took too long.

"Those leaders should take responsibility for the people of my district that have sweat and cried and tried to figure out how their children were going to find doctors when the pediatricians left," said state Rep. Mike Bost, R-Murphysboro.

Opponents argued the Illinois Supreme Court will determine the caps unconstitutional as it has done twice before.

"It's not right, it's not fair and it's not legal," said state Rep. John Fritchey, D-Chicago. "This bill allows for full compensation for the loss of the ability to work but limits compensation for the loss of the ability to walk."

Fritchey also said there is no evidence that capping awards would bring down the insurance rates.

"We're trying to address this situation in Illinois and we are basing this on no studies or no facts that $500,000 is a substantiated number," Fritchey said. "This bill simply attempts to say that we have the magic value to compensate a person for being blinded, for having the wrong limb removed."

Despite medical groups claims that caps would help doctors stay, state Rep. Dan Reitz, D-Steeleville, the measure's sponsor, couldn't guarantee insurance rates would decrease.

"It's about the greater good for the people in the state of Illinois," Reitz responded "I don't know that there are any guarantees."

Other reforms require insurance companies to disclose rate data at the request of the Secretary of the Department of Professional and Financial Regulation. The department must also hold rate hearings if asked by 1 percent of policy holders.

It will also become more difficult to file malpractice cases by requiring an injured patient to first obtain a certificate of merit, a written report, from a physician working the same field as the accused doctor.

"If we reduce the amount of cases that go into the system we can reduce the amount of pressure on the system," said state Rep. John Bradley, D-Marion.

Gov. Rod Blagojevich, who must sign SB 475 before it becomes law, says he will approve the measure.

All local lawmakers voted in favor of the proposal.

Shelby Sebens can be reached at shelby.sebens@lee.net or 789-0865.