Nearly a month after the Illinois Supreme Court threw out limits on medical malpractice awards, lawmakers are again grappling with malpractice payouts.
The high court ruled caps unconstitutional Feb. 4 – the third time it has done so since 1976. But the ruling did little to extinguish the controversy surrounding the issue.
This week’s State Capitol Q&A takes a look at medical malpractice and its future possibilities.
Q: Who is who in this tangled argument?
A: Doctors, hospitals and insurers favor caps and generally have the support of Republicans. They also have the deep pockets of business interests behind them.
Democrats tend to support the trial lawyers, who routinely give large amounts of money to Democratic campaigns, and their view of opposing caps.
The legislature is controlled by Democrats, making it a more difficult climb for Republicans and their allies.
Q: If the Supreme Court already issued a ruling, why is the argument still going on?
A: Because no clear winner emerged from the decision, both sides still think there is still a lot of progress to be made.
Opponents of caps were happy the limits were tossed out, but they want to re-enact insurance reforms they say were the real reason insurance costs have declined.
Those reforms were not deemed unconstitutional by the court, but were thrown out along with the caps because their fate was tied to the caps.
Cap advocates, meanwhile, would like to see the caps put back in place to avoid what they fear will be a mass exodus of doctors from the state.
Q: How can lawmakers reestablish caps if they have been deemed illegal?
A: The court’s ruling was pretty clear: caps were never constitutional and will not be considered without a dramatic shakeup.
But state Sen. Dave Luechtefeld, R-Okawville, has filed a constitutional amendment proposal that would allow the General Assembly to set limits on malpractice payouts.
The measure is a long shot by Luechtefeld’s own admission, but necessary “to at least shine some light on (the issue).”
Both the House and Senate would have to sign off on the amendment in order to send it to votes. However, House Speaker Michael Madigan has already said he doesn’t plan to revisit medical malpractice this session.
“There are 33 other (state) supreme courts that disagree with our supreme court,” Luechtefeld said. “Does that make our supreme court right or wrong? Or does it just make them political? I fear they are political.”
Q: What is the status of the reforms?
A: State Sen. Kwame Raoul, D-Chicago, has a bill waiting in a Senate subcommittee that would reinstate the insurance reforms.
Those reforms include requiring the state’s largest insurer to share claims in order to create a level playing field, and requiring public hearings and the Department of Insurance’s approval for increases in premiums.
Raoul, though, said his bill would likely remain in committee for the time being.
“At some point down the road, we will revisit it and sit down and get all the stakeholders involved,” he said. “But who knows when that will be?”
Q: What can we expect?
A: Nothing is likely to happen this year in terms of legislation on either caps or reforms.
But an interesting aspect could be the retention effort of Illinois Supreme Court Justice Thomas Kilbride.
Voters will be able to decide in November if the Supreme Court should retain Kilbride, who voted against caps last month. Campaigns aimed at stopping Kilbride could get as messy, if not more so, than they did in 2004’s historic election battle between Democrat Gordon Maag and eventual winner Republican Lloyd Karmeier.
Kilbride, who represents the 3rd District in northern Illinois, needs to receive three-fifths approval by voters to remain on the court.
A record amount of money was thrown into that 2004 race and garnered national media attention. A similar situation could develop this year as a change in the court’s makeup could significantly alter the debate.
Gottlieb Memorial Hospital, the defendant in February’s Supreme Court case, has also filed a petition for the court to reconsider the case, said Danny Chun, a spokesman for the Illinois Hospital Association. But whether that will be allowed is a big question.
Brian Feldt can be reached at 782-6292.
Read the original article from The State Journal-Register.
Distributed via Chicago Press Release Services