Reaction split on malpractice ruling

Edwardsville Intelligencer
Wednesday, February 10, 2010

Illinois Sen. Bill Haine and local Republican candidate Dwight Kay are among those who have weighed in on a recent Illinois Supreme Court decision declaring the 2005 law that placed a cap on compensation in cases of medical malpractice unconstitutional.
Kay lives in Glen Carbon and is a candidate for state representative in the 112th District.
Haine, whose office issued a statement late last week, was a sponsor of the 2005 legislation but urged caution in assessing the impact of the ruling.
“It is important that we take time to review the court’s decision carefully,” Haine said. “It is my intention to have a dialogue with my colleagues, doctors, lawyers and hospitals in order to determine the best approach to addressing the rising cost of health care.”
The legislation which was struck down had set a cap on noneconomic damages of $500,000 in cases against doctors and $1 million in cases against hospitals.
The Center for Justice and Democracy — a non-profit consumer rights group — meanwhile applauded the court’s decision and said the suit which brought the challenge was on behalf of an infant named Abigail LeBron who suffered severe and permanent injuries from lack of oxygen during delivery.
“This decision is a victory for all Illinois consumers,” Executive Director Joanne Doroshow said. “The court did the right thing. Aside from being unconstitutional, caps are anti-family, anti-patient and anti-Illinois.”

For a copy of the complete article, contact CJ&D.

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