Legislative leaders take up medical malpractice reform

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SPRINGFIELD - Lawmakers held a marathon medical malpractice meeting Wednesday, but both sides continue to disagree on possible reforms.

Gov. Rod Blagojevich, legislative leaders, medical groups and trial lawyers met for more than five hours in an attempt to craft a medical malpractice reform package. An agreement must be reached if lawmakers want to make headway on approving a fiscal year 2005 budget before the end of the month.

Democrats attending the meeting said it was productive.

"It's not resolved, but we have significantly narrowed the number of issues relative to medical malpractice," said House Speaker Michael Madigan, D-Chicago.

However, Republicans, who have made the issue a major part of their legislative agenda, remain opposed to compromises on a variety of issues from increased asset protection to higher standards for approving malpractice lawsuits.

"It was a very frustrating exercise that we just went through, and I don't know that I would say that it is significant progress," said Senate Minority Leader Frank Watson, R-Greenville.

Both sides are pushing personal asset protection for doctors. The GOP favors a system where if a doctor buys $1 million of medical malpractice insurance, he can shield $2 million of personal assets.

State Rep. Jay Hoffman, D-Collinsville, said another option proposed by the speaker's office would allow a physician to protect $1 million of personal assets by having $1 million of insurance.

Republicans torpedoed the proposal because they said it would drive up insurance premiums, which are causing doctors to leave the state.

"It all boils down to access to care and making sure that we have OB/GYNs and neurosurgeons throughout the state," said House Minority Leader Tom Cross, R-Oswego.

Both groups want to see tougher qualifications for doctors who sign certificates of merit, the first hurdle a lawsuit must clear before being heard by a jury. The proposals would require the reviewing doctor to have a similar background or specialty as the physician being sued.

"The general consensus in the room is that we would like to do that, and it's just really doing some of the legalese," Hoffman said.

The groups will meet again today.

Matt Adrian can be reached at matt.adrian@;lee.net or 789-0865.

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