Rutherford: Governor Approves Medical Malpractice Reforms

Saturday, August 27, 2005 - Posted 8:04:16 AM by Office of Sen. Dan Rutherford

 

Springfield – Approximately two years after negotiations began, Illinois has passed comprehensive medical malpractice reforms, announced State Senator Dan Rutherford (R-Pontiac).

“Finalizing a comprehensive medical malpractice reform package has been a bipartisan effort that legislators have been working toward for over a year,” said Rutherford. “There was no doubt that Illinois was teetering on the precipice of a serious health care accessibility crisis, and this new law is a giant step toward addressing this statewide problem.”

Rutherford explained that the legislation addresses the concerns of the medical community, the insurance companies, the legal community, and most importantly the citizens of Illinois. The measure includes caps on non-economic damages, which have been set at $500,000 for physicians and $1 million for hospitals, but Rutherford stressed that economic damages—including awards for health care costs, lost wages, etc.—would not be limited by the legislation.

The new law includes several additional legal reforms that attempt to contain the costs of insurance without compromising the care Illinois residents receive. Specifically, the legislation would require individuals who file suit to obtain a report from a physician indicating that the claim has merit, and the law allows doctors to apologize for adverse outcomes without fear that the statement would be later used against them in court.

“This is great news for the people of Illinois who deserve access to first class health care services, and for Illinois doctors who have been burdened by the cost of skyrocketing insurance rates,” Rutherford said.