ATRA CRITICIZES ILLINOIS HIGH COURT'S REJECTION OF REASONABLE LIMITS ON MEDICAL LIABILITY

Says Ruling Worsens State’s Reputation as ‘Judicial Hellhole’ and Invites a Return of Dire Health Care Shortages in Rural Counties

Washington, DC, February 04, 2010 -- As the Illinois Supreme Court this morning struck down the limits on medical malpractice liability enacted into law in 2005, American Tort Reform Association president Tiger Joyce quickly registered his group’s “considerable disappointment.” (The court’s decision is posted here.)

“In that several Illinois counties have long been known as ‘judicial hellholes,’ it’s very discouraging that the high court chose to ignore the will of the citizens, as expressed through the reform law crafted by their representatives in the elected branches, and instead came down on the side of the influential personal injury bar,” Joyce said.

“Most unfortunately, for those in need of critical health care services, particularly in underserved rural communities,” Joyce continued, “today’s decision invites a return to pre-2005 conditions when many physicians were retiring or otherwise moving their practices to other states to escape the threat of bankrupting litigation. The liability limits put in place in 2005 were perfectly reasonable, and they had begun to stabilize the cost of medical malpractice insurance for health care providers throughout the state.”

####

The American Tort Reform Association (ATRA) is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. ATRA's membership includes non profits, small and large companies, as well as state and national trade, business, and professional associations.