As reported by the Chicago Tribune on 2/4/2010, the Illinois Supreme Court struck down a provision in the Illinois “tort reform” law capping damage awards in medical malpractice lawsuits. The Court held that the Illinois state legislature’s cap on damages violates the principle of separation of powers by interfering with the jury’s role in assessing damages.

In the context of the current debate about alleged cost savings from limiting damages caused by medical negligence, the article points out a Congressional Budget Office report last September, 2009, forecasting that capping pain and suffering damages would only lower overall health care costs by half a percent.

This was the second time that the Illinois Supreme Court decided that legislative caps on damages in medical malpractice lawsuits is unconstitutional.

Rather than protecting wrongdoers and punishing victims of medical negligence, our lawmakers should reject gimmicks, trickery and scapegoating and work together to enact common sense reforms to our health care system.

• Outlaw pre-existing conditions as a basis for denial of health insurance
• Allow college students to remain on their parents’ health insurance up to age 27
• Give a federal tax deduction to individuals for their health insurance premium co-payments
• End caps on coverage by health insurers
• End the Federal Anti-Trust Exemption that creates virtual monopolies among a small group of health insurers in every state

Such common sense reforms will go a long way towards improving our health care system. Instead of targeting lawyers and innocent victims of medical negligence, all reform efforts should be focused on patient safety and improving the quality health care.

Copyright © 2010 John J. Sheehan