Constitutional change may be next avenue in medical malpractice debate

SPRINGFIELD — When the medical malpractice reform that was struck down by the Illinois Supreme Court on Thursday was enacted in 2005, downstate lawmakers of both parties were the ones who largely supported it.

Those lawmakers expressed disappointment about the ruling to overturn caps on some lawsuit damages and wondered what their next step might be.

“I would think that you would see other attempts because it’s such an important issue,” said state Rep. Dan Brady,R-Bloomington.

Some lawmakers at the time argued high medical malpractice rates were causing doctors to leave the state and go where rates were lower, so they capped how much victims could win in some cases.

Opponents of the caps claimed victory Thursday, saying victims have the right to recover damages if wronged by a doctor.

They argue someone who has suffered substantially from medical malpractice has the right to be fairly compensated by a jury.

Those caps were eliminated by the Supreme Court on Thursday, much to the chagrin of people who thought they were helping.

“I think it had a dramatic effect on doctors staying in Illinois,” said state Sen. Dave Luechtefeld, R-Okawville.

Lawmakers looking to draft new legislation will have to tread carefully, as the state’s highest court has now thrown out limiting medical lawsuit damages three times since the 1970s.

“I think we can’t rule out a constitutional amendment,” said state Sen. Kyle McCarter, R-Lebanon.

Amending the Illinois Constitution takes more steps than approving a typical change in law, and the last time lawmakers took on medical malpractice reform, the fight took months of debate. Another change could take the same amount of time and effort.

“Bottom line, I definitely think it’s a step back,” said state Rep. Bob Flider, D-Mount Zion.

By Mike Riopell, mike.riopell@lee.net

Read the original article from Herald & Review.