Wauconda, IL… Five years after Illinois passed comprehensive tort reform, expanding patient access to health care, lessening frivolous lawsuits and lowering malpractice rates to keep doctors in Illinois, the Illinois Supreme Court struck a blow to the State’s already ailing health care system by ruling the reform unconstitutional.  In the court case Lebron v. Gottlieb Memorial Hospital, the Illinois Supreme Court ruled the “damage limitation violates the constitutional principle of separation of powers by interfering with the authority of the judicial branch to reduce verdicts.” 

State Representative Mark Beaubien (R – Wauconda) is disappointed with the court’s ruling.

“I am incredibly disappointed with the court’s ruling,” Beaubien said.  “We passed this legislation to help millions of Illinois citizens and now we’re back to square one.  This decision is going to lead to higher health care costs and fewer doctors in Illinois.”

In 2005, Illinois passed Senate Bill 475 which created successful medical malpractice and tort reform.  Prior to the passage of the bill, Illinois was losing doctors and insurance companies to neighboring states.  After passage, the number of medical malpractice lawsuits dropped 25 percent, and the number of insurance companies offering coverage increased from 6 to 12 with an average reduction of 30 percent in premiums.

“This is a politically charged ruling,” said Beaubien.  “It is no coincidence the court made this ruling just as national attention is focused on health insurance reform.  The people of Illinois should not be punished because of Washington’s incompetence.” 

The Illinois General Assembly capped non-economic damage awards at $500,000 for doctors and $1 million for hospitals.  Under the reform law, patients injured through medical negligence continued to receive full, unlimited compensation for economic damages such as lost wages, medical expenses and future earning potential.