Tort "Reform" Legislation Declared Unconstitutional
Cook County Circuit Court Judge Diane Larsen ruled on November 13, 2007 that Public Act 94-677, the law that imposes arbitrary caps on damages for all victims of medical negligence, violates the Illinois Constitution as an improper exercise of legislative power. This is an important victory for victims of medical malpractice and constitutional government over the rule of special interests.
From the beginning of the debate about the law imposing caps on damages, Walsh, Knippen, Knight & Pollock and the Illinois Trial Lawyers Association (ITLA) has consistently said that this flawed law is unconstitutional. Judge Larsen’s ruling marks the third time over a span of 31 years that Illinois courts have struck down limits on damages in medical malpractice cases.
Indeed, the Illinois Supreme Court has twice before in 1976 and 1997 ruled that caps on damages are unconstitutional. Today’s ruling provides further confirmation that – despite the power and influence of the insurance lobby – laws that violate the state constitution and limit the rights of our injured loved ones and citizens will not stand.
One thing is clear: Our state constitution does not allow those who have been most seriously injured as a result of medical negligence to have their rights taken away in order to give bonuses to insurance companies.
There are appropriate ways to address the underlying issues that prompted passage of this law. The record profits of insurance companies provide clear evidence that they are taking advantage of Illinois doctors and patients. The real solution to the problem of rising medical malpractice premiums is meaningful insurance reform.
Walsh, Knippen, Knight & Pollock and ITLA remain firmly committed to preserving access to the courts and the right to trial by jury. Ultimately, it is the Illinois Constitution that protects all the citizens of Illinois against the attempts of powerful special interests to take away their rights.
It should be heartening to all of us that today that all of us who suffer as the result of medical negligence, are a step closer to receiving justice.
