Thursday, April 14, 2005 10:05 AM CDT
Prescriptions differ: Conflicting sides of medical malpractice debate oppose new legislation
By Shelby Sebens, JG/T-C Springfield Bureau
SPRINGFIELD — Conflicting sides of the medical malpractice debate have come to an agreement—both oppose new Senate legislation addressing the issue.
However, the Senate Executive committee heard varying testimony Wednesday on how to change the proposal.
"Both parties have to be realistic," said state Sen. Ira Silverstein, D-Chicago, sponsor of the measure. "They can either be part of the problem or part of the solution."
Silverstein worked with Senate President Emil Jones, D-Chicago, to draft Senate Bill 1979, legislation they hope will be a base for future negotiations.
Jones said both sides must come to an agreement "otherwise we're just wasting our time."
However, testimony revealed the differing sides are standing firm on their ideas for reform.
"This bill, as amended, is anti-consumer, anti-patient and, in fact, it's anti-doctor because all it does is protect insurance companies," said Keith Hebeisen, president elect of the Illinois Trial Lawyers Association.
Hebeisen argues the measure is silent on regulating insurance companies through reforms such as public hearings on rate increases and disclosure of actuarial data.
ISMIE Mutual, one of the state's few remaining medical malpractice insurers, says lawsuits are to blame for high premium rates and that the company is already heavily regulated.
"Just simply piling on more and more regulation will deter insurers from coming into Illinois," said James Tierney, ISMIE's vice president of legislative affairs.
The trial lawyers also oppose full asset protection included in the proposal because, Tierney said, it takes away the patient's right to collect more than ISMIE's $1 million policy.
ISMIE, the Illinois State Medical Society and the Illinois Hospital Association have been adamantly pushing for caps on pain and suffering awards. Tierney said other states have enacted this type of reform.
Although Silverstein said he is looking for an agreement, he said caps are "off the table."
Senate Minority Leader Frank Watson, R-Greenville, disagreed.
"I think caps need to be on the table," he said, noting it is unfair to "arbitrarily take them off."
There was some disagreement about how limits would hold up in court if passed into law. Silverstein said, "You know and I know that twice the Illinois Supreme Court has ruled caps unconstitutional."
Watson argued the state has a different higher court since its early 1970s and late 1990s rulings against caps.
ISMIE will meet with ISMS in Springfield Saturday to vote on whether they could support legislation that does not include caps.
The Illinois Hospital Association argues Silverstein's proposal does not protect self-insured hospitals from liability of non-employees.
Shelby Sebens can be reached at shelby.sebens@lee.net or 789-0865.
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James Dover wrote on Jun 12, 2007 3:18 PM: