Springfield – Nearly 18 months after negotiations began, the General Assembly has passed comprehensive medical malpractice reform, announced State Senator Dan Rutherford (R-Pontiac).

“Finalizing comprehensive medical malpractice reforms 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 legislation is a giant step toward addressing that statewide problem.

Rutherford explained that the legislation addresses the concerns of the medical community, the insurance companies, and lawyers throughout the state, creating a three-pronged approach to medical malpractice reform in Illinois. He went on to say that the most critical element of the measure was the agreement to place a cap on non-economic damages, at $500,000 in malpractice cases against physicians and a $1 million cap on awards in cases against hospitals, while clarifying that economic damages—including awards for health care costs, lost wages, etc.—would not be limited by the legislation.

“Doctors from all corners of the state will tell you that instituting caps on non-economic damages was a critical element of establishing comprehensive reforms,” said Rutherford. “Many physicians feel that it would only be through the institution of caps on malpractice awards, that Illinois physicians will see their insurance rates drop, which would encourage doctors to continue practicing in Illinois.”

Additionally, the bill includes several significant 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 bill allows doctors to apologize for adverse outcomes without fear that the statement would be later used against them in court.

 “Although the legislation must still be approved by the Governor, this is positive news for the people of Illinois who deserve access to first class health care services, and for Illinois doctors who have burdened by the cost of skyrocketing insurance rates,” Rutherford said.