MALPRACTICE PROGRESS IN ILLINOIS

Top legislators on Wednesday announced a bipartisan agreement for a $500,000 limit on "pain and suffering" damages against Illinois doctors. With leaders of both chambers behind it, the Legislature could pass the measure as early as this week. Gov. Rod Blagojevich is on board, which all but guarantees that malpractice awards in the state will be capped - unless opponents can undo it later with court challenges. The landmark measure, meant to make Illinois' court system friendlier to doctors, includes a $1 million limit on noneconomic damages against hospitals. It also contains provisions to prevent frivolous lawsuits from being filed in the first place; new disciplinary tools and public disclosure to weed out bad doctors; and more oversight and competition among the companies that provide malpractice insurance for doctors. "It's a great day to be a physician in Illinois again . . . and a great day for patients," said Dr. Craig Backs, president of Illinois State Medical Society, marking victory in his group's epic battle with the state's trial lawyer lobby.

The state's leading trial lawyer lobby, frustrated at the apparent defection of the Chicago Democrats who have backed them until now, said they aren't surrendering. "We'll be repeating to legislators who are voting what we've been saying forever, and that is, caps won't solve the problem," said Keith Hebeisen, president of the Illinois Trial Lawyers Association. Hebeisen said his group will fight the bill in the Legislature "up until a vote takes place," and then challenge it in the courts if it becomes law. In the mid-1990s, court challenges overturned state caps on lawsuit damages.

For now, at least, the agreement apparently ends a two-year political war, centered in the Metro East area, that has dominated the Legislature, fueled statewide advertising blitzes and helped decide a state Supreme Court election. Both sides in the debate have generally agreed that the malpractice insurance premiums that doctors in Illinois pay have become unreasonably high and have forced many doctors to leave the state. Doctors and their Republican allies have blamed out-of-control litigation for the excessive rates. Lawyers, backed by many Democrats, have said the culprit is the insurance industry, for allegedly gouging doctors and then blaming the court system for the high premiums.

Wednesday's agreement is a bitter pill to the Chicago Democrats who run the Legislature and who were ultimately forced by public pressure to agree to a concept they have steadfastly opposed. The agreement relied on the capitulation of House Speaker Michael Madigan, Senate President Emil Jones and Blagojevich - all Chicago Democrats who have long stood against caps.....

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For greatest efficiency, lowest cost and maximum choice, ALL hospitals and health insurance schemes should be privately owned and run -- with government-paid vouchers for the very poor and minimal regulation.

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