SPRINGFIELD - A proposal that would sanction doctors who choose sex over surgery failed to pass the state House on Thursday.

The amendment was the latest attempt to stall a medical malpractice reform package that recently emerged from committee. Under the amendment, offending doctors could not take advantage of any potential caps on non-economic jury awards.

"When a good doctor makes a sound decision that has a tragic result, that is one thing," said state Rep John Fritchey, D-Chicago. "When you have a situation when a patient suffers injury because that patient doesn't get care, I don't think that we want to protect that doctor."

The proposal rises out of a 1998 Chicago incident in which an anesthesiologist missed an emergency cesarean section because he was allegedly having sex with a nurse. The child was born with cerebral palsy.

Fritchey authored the amendment because potential reforms include caps on pain-and-suffering awards, a controversial measure that has twice been struck down by the Illinois Supreme Court.

Opponents argued that Illinois law already allows the state to go after derelict doctors. The House defeated Fritchey's amendment as well as another proposal that would have revoked doctors' licenses after losing three malpractice cases.

While the House cleared away the hostile amendments, several other requests have been added to the measure to keep it from getting a floor vote.

State Rep. Ron Stephens, R-Mulberry Grove, argued Democrats were motivated by politics.

"I can see the direct mail pieces right now: 'You voted that it's OK for a doctor to have sex while he's supposed to be in the operating room,' " said Stephens, who argued the real issue is keeping doctors in Illinois.

Gov. Rod Blagojevich said medical malpractice reform needs to happen now and that special interests should not control the issue.

"The discussion always tends to center around whether or not the quote unquote medical society can sign on to something or whether they can reach an agreement with the quote unquote trial lawyers. Who elected them?" Blagojevich said to reporters Thursday. "The fact is they've got too much influence."

The Senate is considering legislation that would cap noneconomic damages at $500,000 for doctors and $1 million for hospitals.

The proposal also includes insurance reform allowing for public rate hearings if 5 percent of policy holders request it.

House Bill 4074 allows hearings at the request of a single member. ISMIE Mutual, the state's largest medical malpractice carrier, recently requested 10 percent.

Officials say Senate Bill 276 likely will bypass committee and be debated on the floor next week.

Matt Adrian can be reached at matt.adrian@;lee.net or 798-0865.