Court must protect malpractice limits

Abigaile Lebron arrived via Caesarean section on Halloween 2005 and began a challenging life underscored by cerebral palsy, a severe brain injury and the need to be fed through a tube.

Not surprisingly, the case landed in court, accusing the doctor, nurse and hospital of negligence. If they are found to be at fault, Abigaile can - and should - receive enough money to cover the cost of lifetime care, without limits.

In addition, her family can be awarded compensation for pain and suffering. Once blamed for driving up malpractice insurance premiums and forcing doctors out of Illinois, a 2005 state law limited these damages to $500,000 for doctors and $1 million for hospitals.

Illinois Supreme Court justices are weighing the case, which challenges the limits on the principle that the Legislature does not have the constitutional power to set them.

Legally, it's a separation of powers issue.

In reality, the decision could determine the quantity and quality of care available in Illinois.

State lawmakers took on insurance companies, physicians and lawyers with 2005 malpractice reform legislation best known for imposing the cap on pain and suffering compensation.

There rightly remains no limit on the economic damages that juries and judges can grant.

The results are compelling.

One malpractice insurer started doing business here, crediting the legislation for the move into Illinois. While rates haven't dropped dramatically, premiums have not been rising.

The Illinois State Medical Society believes that's the reason more new doctors are staying in Illinois instead of starting careers in Wisconsin, where insurance costs less. An OB/GYN in Lake County paid $124,808 compared to the $34,667 paid by a peer in Wisconsin.

The law also added needed regulation and transparency for insurers and doctors. It included judicial reforms as well.

There's room for improvement. Economic damages are determined by competing expert testimony. A less subjective system would be preferred. But that's not enough to toss out this law.

We strongly supported the reforms when they were proposed and approved in 2005. The results of just a few years only reinforce our support.

We urge Supreme Court justices to maintain the limits as constitutional. In their arguments before the high court, attorneys representing the doctor and hospital note there is precedent for the legislature to set limits, citing the alienation of affection act. Limits also have been challenged and upheld in other states.

There is no question that, if the doctor and hospital are found negligent, Abigaile Lebron's care should be covered and compensation is justified for emotional costs that can't be calculated. Her family's challenges are daunting enough. Negligent health-care providers should pay.

Unfortunately, without protecting the limits on the pain and suffering awards, it will ultimately cost the people of Illinois who will have limited access to good doctors and higher rates.