IL Supreme Court Strikes Down Malpractice Lawsuit Award Caps

Groups representing Illinois hospitals and doctors are disappointed by an Illinois Supreme Court ruling involving caps on some medical malpractice lawsuit awards, but trial lawyers are hailing the decision.

A divided court ruled Thursday that limiting non-economic damages in malpractice cases violates the principle of separation of powers in the state's Constitution. The court says limits the Legislature adopted in 2005 would infringe on the judicial branch's power. In a partial dissent, Justice Lloyd Karmeier says it's the court that is violating separation of powers by second-guessing the Legislature's attempts to reduce health care costs.

Illinois State Medical Society President James Milam says he fears doctors in high-risk specialties will leave the state if their medical liability insurance rates go up as a result of the ruling.

Maryjane Wurth is president of the Illinois Hospital Association. She says the court's decision highlights the need for President Barack Obama and Congress to embrace meaningful medical liability reform as part of health care legislation.

Illinois Trial Lawyers Association President Peter Flowers applauds the decision and says it's time to focus on meaningful insurance reform.