The Illinois Supreme Court Decision: ramifications on Medical Malpractice Insurance

The more I read about this recent decision, the more I realize how much of an effect it will have on physicians practicing in the state of Illinois and the cost they pay for their medical liability insurance. We know that the 4-2 decision on February 4 ruled that the tort reform law of 2005 was unconstitutional, they believed that the law took away the judicial branches authority to reduce award payouts…specifically pertaining to pain and suffering. This is the third time the court has ruled against such laws.

What isn’t widely known, or talked about, is that the law contained a “inseverability clause”. This means that the entire law is nullified if any part is deemed unconstitutional. All of the medical malpractice insurance company reforms that were written into the bill are essentially gone.

The Illinois State Legislature wanted to prevent one, or a few medical liability insurance companies from dominating the Illinois market. They believe that rates are being driven up because there are few players in Illinois, which essentially creates little competition. Physicians are forced to purchase their medical malpractice insurance from one or 2 sources….limiting their ability to shop their coverage and get numerous quotes to find the best price.

Because we work with so many physicians, and have been doing so for over 60 years. We know that most doctors truly care about their patients…..b/c that’s why this got into medicine in the first place. We don’t want to see any good health care professionals leave the state of Illinois because of this ruling, or because they see their professional liability insurance costs on the rise. We here at have access to nearly all the insurance companies in Illinois, and if you need a free Medical Malpractice Insurance Quote, please click on the link, fill out our quick and easy form, and a veteran liability insurance specialist will get back to you with the best prices.


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