Springfield . . . State Senator Kyle McCarter said the Illinois Supreme Court ruling Thursday declaring the 2005 Medical Malpractice Reform Law unconstitutional jeopardizes access to quality health care in Illinois.

“Obviously, I am disappointed the Court found the law unconstitutional,” said McCarter (R-Lebanon).  “As a board member of the O’Fallon Chamber of Commerce and the St. Clair County Board, I joined the battle to end the exodus of doctors back in 2004 but it looks like we must be ready to renew that fight.”

According to media reports, the state’s high court ruled the law violated the “separation of powers” by interfering with a judge’s ability to determine verdicts by capping non-economic damages.

Writing the opinion for the minority, Justice Lloyd Karmeier wrote, “We have no business telling the General Assembly that it has exceeded its constitutional power if we must ignore the constitutional constraints on our own authority to do so.”

Senator McCarter said the law, eventually passed in 2005, was a compromise between trial attorneys, the medical community and insurance providers. 

“While these groups came together to reach a compromise, the real effort at making this happen was fueled by the hundreds and thousands of Illinois citizens who came to public meetings, wrote letters and called their legislators demanding action,” said McCarter.  “We wore our green bands reading “Save Our Doctors” with passion and the movement spread across the state.”

The only cap on damages -- $500,000 on doctors and $1-million on hospitals -- included in the law was for injuries that did not result in a financial loss, such as loss of companionship, pain and suffering.

“When this law was passed by the Legislature, supported by both Republicans and Democrats and signed into law, it was considered a reasonable solution,” said McCarter.  “We need to revisit the issue and consider the possibility of a constitutional amendment.  At the same time health care is being debated nationally, we in Illinois have a real chance of losing our doctors once again.  It’s time to bring back the green bands and let Springfield know we want action.”

Passed in 2005, the Medical Malpractice Reform Act did not place any limit on damages that result in financial costs to the injured party.  For example, if you are injured by medical malpractice and no longer able to work, there is no limit on what you can collect.  If you are disabled and have to have your home completely retrofitted to accommodate your disability, there is no limit on those costs.  If you need special care as a result of your injuries, there is no limit on the cost of that care.

What drove the energetic public debate over the issue was that doctors, particularly obstetricians, neurosurgeons and cardiologists were paying such high medical malpractice rates in Illinois that they were forced to move out of state.  The doctor exodus problem was particularly acute in border areas, such as the St. Louis Metro-East, because rates in neighboring states were much more reasonable.

“Historically, health care access in downstate Illinois has always been a problem, but since the passage of this law, the situation was stabilizing,” said McCarter.  “My concern is that the Supreme Court ruling Thursday may lead to the loss of doctors and access to healthcare for our citizens.”