Sad news for doctors and patients:

Doctors Worry About Ill. Lawsuit Caps

SPRINGFIELD, Ill. — A court ruling last week that tossed out the caps on some malpractice awards has left some doctors in Illinois worried that insurance rates could rise again and force them to leave state.

A Cook County judge tossed the caps, saying they unconstitutionally limited victims’ rights to recovery for their injuries. Now the Illinois Supreme Court will decide the fate of the caps.

“We lose this, it’s going to be devastating,” said Sen. Dave Luechtefeld, R-Okawville.

Soaring malpractice insurance rates hit doctors hard in 2003 and 2004. By 2005, dozens were closing their practices, unable to afford the higher rates.

Patients were left scrambling to find doctors, especially in specialties like brain surgery and gynecology, and the losses threatened to drive up health care costs throughout the state.

The Democrat-controlled Legislature and Gov. Rod Blagojevich gave in to pressure from doctors, despite complaints from trial lawyers _ some of their biggest political supporters _ that they were interfering with victims’ rights to compensation.

The 2005 law included a $500,000 cap on non-economic damages, such as pain and suffering, that victims can receive in malpractice cases against doctors, and a $1 million cap in awards against hospitals.

One of the main things that should be emphasized about this story was that the medmal caps were bringing doctors to Illinois:

State data show 5,000 more doctors are licensed in Illinois now than two years ago, three new insurance companies are providing coverage for doctors and 10 existing insurers have dropped their rates by 5 percent to more than 30 percent.

But we’re supposed to believe that was all coincidence and that “malpractice lawyers are more cautious about cases they try to take to court.” That last claim would be genuinely good news. But I doubt it is true and, if it is, I doubt even more it will last. The motivations inherent in the system go the other way; the “lottery” temptation will be too great.