SPRINGFIELD - A medical malpractice tort reform proposal cleared a House committee Wednesday only to be burdened with several controversial amendments that angered many lawmakers.
Legislators who oppose caps on noneconomic damages attached language that would raise the limit to $1 million for doctors and $2 million for hospitals, making the proposal unpalatable to its supporters.
"It doesn't matter what the number is," said state Rep. Lou Lang, D-Skokie, who authored the amendment. "It's made up. It's arbitrary."
Lang said he proposed the amendment because "I might consider a cap bill, but first I want to make it a cap bill that I can support."
Republicans argued that setting such a high cap would do nothing to stop doctors from leaving the state and was being done to kill any medical malpractice reforms.
"The word scam comes to mind. Today we have undermined the system in Illinois," said House Minority Leader Tom Cross, R-Oswego. "We are going to now gut the one bill that can make a difference in the state of Illinois. Nobody on that side of the aisle wants to pass a caps bill."
After more than an hour of heated debate, the House voted down Lang's amendment, keeping the caps in House Bill 4074 at $250,000 for doctors and $500,000 for hospitals
State Rep. Thomas Holbrook, D-Belleville, the proposal's sponsor, pulled the measure to end further debate Wednesday but remained upbeat.
"I think it shows that we've put together a bill that is doable just by the overwhelming vote against that amendment," Holbrook said.
However, two other amendments remain.
State Rep. John Fritchey, D-Chicago, filed an amendment prohibiting noneconomic damage caps on cases where doctors neglect patients because they are having sex.
Fritchey said the amendment stems from a Chicago case where an anesthesiologist failed to answer a page to assist in a Cesarean section because he was allegedly having sex with a nurse. As a result of his negligence, the baby was born with cerebral palsy. The family received a $35 million settlement.
"I would hope that there are some cases in which the majority of this body would acknowledge that there should not be a cap because some conduct is so egregious and should not be deserving of protection," Fritchey said.
The third amendment revokes a doctor's license after three counts of malpractice.
In the past few weeks, Democratic opposition to caps seems to have softened. Gov. Rod Blagojevich didn't rule out caps while talking to reporters Wednesday.
"We want to work in a way that's constructive to get something done," Blagojevich said.
Shelby Sebens can be reached at shelby.sebens@;lee.net or 789-0865.
Posted in State-and-regional on Thursday, May 12, 2005 12:00 am Updated: 10:56 am.
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