Wednesday, February 24, 2010

A very negative consequence of the Illinois Supreme Ct's decision invalidating the cap on med mal damages

Here is a link to a short story (and not of the fiction genre, unfortunately) posted in the PopTort blog that spells bad news for Illinois. When Illinois lawmakers passed their unconstitutional cap on compensation for medical malpractice victims, they also enacted a very good med mal insurance regulatory law which includes strong oversight over rates and new transparency requirements. Unfortunately, they added a “non-severability” clause to the law which means that if the cap were struck down, all of the great medical malpractice insurance regulatory laws would be thrown out as well. This would leave Illinois medical malpractice insurers virtually free to go back to their old practices. In the few years this regulatory law has been in place, its positive impact has been tremendous, but that may be about to change.

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