Time is ticking on malpractice lawsuit cap bill

By Tori Katz
May 17, 2005

The contentious, long-term debate over whether to cap awards to victims in malpractice lawsuits against doctors and hospitals is still undecided in the Illinois legislature, even though a lot of people on both sides would like to see it put to rest.

If medical liability "reform" legislation is to be voted on by the House and the Senate in the current session, time is once again running out. The Illinois General Assembly term is scheduled to end on May 27, though there's talk of an extension. The likelihood of an actual vote, according to Kelley Elwood at the Illinois State Medical Society, seems slim.

"We're seeing a long line of amendments being introduced at the last minute as a stall tactic," Elwood said of the bill currently on the House floor. "Apparently the Democrats are trying to hold up the process."

The legislation, which would cap non-economic damages such as pain and suffering and loss of a loved one at $250,000 in lawsuits against physicians and $500,000 in lawsuits against hospitals, is currently on the floor in each house. Still yesterday, two new amendments were introduced in the House. Three others were recently defeated.

The debate over medical liability limits is a very partisan one. Most Democrats and victims' groups, agreeing with plaintiffs' lawyers, do not want to see an imposition of caps, arguing that it will hurt the victims, while most Republicans, doctors and medical associations support the legislation, saying it will help keep doctors from fleeing Illinois for other states with caps in place. According to the Illinois Hospital Association, 28 states, including Indiana and Wisconsin, have caps on non-economic awards such as pain and suffering.

"This legislation would have drastic implications for anyone or anyone's loved ones who are injured," said Mark McNabola, a personal injury lawyer and a board member of the Illinois Trial Lawyers Association. McNabola called the $250,000 cap "unconstitutional" and said it would "do away with civil jury trials."

McNabola added that there is a real possibility that it will not be voted on before the end of the term.

Republican Rep. Terry Parke of Schaumburg, a sponsor of the bill in the House, would like to see it come to a vote. "I believe a majority agrees that there is a crisis in keeping good doctors in Illinois," Parke said. "There has to be some meaningful relief to our medical community so that we no longer see these wild amounts of lawsuits, most of which are unfounded."

Parke said it will be up to Democratic House Speaker Michael Madigan of Chicago to call the legislation to a vote. However, Parke is unsure of when that will happen. "I don't think he believes in the concept of caps," Parke said.

Madigan's communications director, Steve Brown, said the speaker is currently not taking a position on the bill, although he has been opposed to such bills in the past. "The speaker does not believe in creating a special protection for one profession," Brown said.

However, Brown said, Madigan's views do not affect whether or not the bill comes to a vote.

According to a representative of Democratic Sen. William Haine of Alton, a sponsor of the bill in the Senate, there is pressure to see this legislation pass before the end of the term.

Source: Medill News Service (Northwestern University)