Thursday, February 4, 2010

Illinois Supreme Court strikes down malpractice cap

Got a doctor problem, Chicagolanders? The cap is off!

“I was last in my class
Barely passed at the institute
Now I’m trying to avoid, yah I’m trying to avoid
A malpractice suit”

“Weird Al” Yankovic, “Like a Surgeon”

Medical malpractice has made many medical professionals gun shy over the years. Even though Wikipedia claims that over 90 percent of physicians charged with malpractice are found not to be negligent, the costs of having to defend oneself against claims are enough to have radically altered the way the medical community does business. In order to cap runaway award fees and protect doctors and hospitals, states like Illinois used to have a cap of $500,000 per doctor and $1,000,000 per hospital. I say “used to” because the Illinois Supreme Court has declared that 2005 cap unconstitutional and struck it down.

“Paging Dr. Howard, Dr. Fine, Dr. Howard…”

“… please turn in your stethoscopes and leave this hospital.”

Seriously, the American Medical Association is none too pleased to hear about the Illinois Supreme Court’s decision. In a written statement to the press by AMA President Dr. James Rohack, you’d think that the whole state’s healthcare system is going to fall apart: “Today’s court decision threatens to undo all that Illinois patients and physicians have gained under the cap, including greater access to health care, lower medical liability rates and increased competition among medical liability insurers.” … click here to read the rest of the article titled “Illinois Supreme Court strikes down malpractice cap



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