profession
Ruling stands that voided Illinois liability cap
NEWS IN BRIEF — Posted June 7, 2010
The Illinois Supreme Court in May refused physicians' requests that justices reconsider their February decision invalidating a state law capping noneconomic damages in medical liability cases at $500,000 for physicians and $1 million for hospitals.
The high court declared the award limit unconstitutional after finding it violated the separation of powers between the Legislature and the judiciary.
But the Illinois State Medical Society and ISMIE Mutual Insurance Co., the state's largest liability insurer, said justices ignored a 1960 state Supreme Court precedent upholding caps on pain and suffering damages in certain marital disputes.
The high court declined to rehear the medical liability issue, however, leaving the February ruling intact.
State physicians said they are evaluating options to address the court ruling, which they fear will exacerbate liability costs and harm access to care.
Note: This item originally appeared at http://www.ama-assn.org/amednews/2010/06/07/prbf0607.htm.