Last year, Illinois lawmakers passed a comprehensive medical care reform bill that imposed a cap in medical malpractice cases. As explained at the PopTort, when that law was overturned as unconstitutional, a number of other beneficial medical malpractice regulatory laws that were included as part of the reform were scrapped as well due to a non-severability clause included in the original law:
(The lawmakers) added a “non-severability” clause to the law, so that if the cap were struck down (virtually certain as the Illinois Supreme Court had previously struck down two similar “caps”), all of those great medical malpractice insurance regulatory laws would be thrown out the window, leaving Illinois medical malpractice insurers virtually free to once again charge doctors excessive rates.
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