Medical malpractice reform package Ok'd by Senate committee; but it lacks any provision limiting lawsuit awards

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SPRINGFIELD - Another medical malpractice reform package passed a Senate committee Monday despite criticism about its silence on limiting lawsuit awards.

Senate Bill 1353 would require insurance companies to disclose actuarial data and open doctors' records of past negligence, among other initiatives. The legislation's supporters argue insurance reform is needed to bring down high premiums that are sending doctors across the border.

Republican committee members oppose the measure because it does not include caps on noneconomic damages.

"This is all give here. There's no real take," said Senate Minority Leader Frank Watson, R-Greenville. "This legislation is a sham. This approach is a sham. If this is your answer to medical malpractice reform then shame on you."

The Illinois State Medical Society and the state's largest medical malpractice insurer, ISMIE Mutual, want medical, insurance and litigation reforms in one proposal. Both groups believe frivolous lawsuits are to blame for doctors leaving Illinois.

"Insurance reform in the absence of meaningful litigation reform will chase insurers out of Illinois," said James Tierney, ISMIE Mutual's vice president of legislative affairs.

But the director of the Illinois Division of Insurance, Michael McRaith, said rate regulation and openness of data will bring more insurance companies to the state and greater stability of premiums.

However, he agreed insurance reform is not the only answer.

"I think we all know there's no silver bullet," McRaith said.

Tierney wants a reform package to include language that makes the entire proposal invalid if any portion is found unconstitutional. The Illinois Supreme Court has twice found caps on noneconomic damages unconstitutional.

"There's no law that says everything must be contained in one bill," argued Senate President Emil Jones, D-Chicago.

"This is a piece of the package," Jones said. "If you vote 'no' then you're doing nothing." Jones said there are two measures on the Senate floor dealing with other medical malpractice reforms, including caps.

The House is considering legislation that would include insurance regulation and caps on noneconomic damages.

However, five amendments recently added to House Bill 4074 have stalled a vote. Tierney said he supports the initiative but he would like to see less insurance regulation.

SB 1353 passed the Executive Committee 7-4 and now goes to the Senate floor for consideration.

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

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