Will the Illinois Supreme Court approve the newly-passed malpractice caps?
“Before that can occur the Illinois Supreme Court will have to bless the new law. Two similar laws, passed in 1975 and 1995, have been struck down as unconstitutional on the basis that they were ‘arbitrary’ and ‘not rationally related to legitimate government interest.’ …
But the law and the landscape have changed since then. Arbitrary? Lawmakers tied the caps to tighter insurance regulations and doctor discipline. The state will have more control over rates than ever before. Government interest? Language in the bill specifically says caps are intended to promote the public welfare. It seems reasonable for the Supreme Court to find that having more doctors in underserved portions of the state is a legitimate government interest. …”