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CO families must sign up to get $120 per child for food through Summer EBT; No Jurors Picked on First Day of Trump's Manhattan Criminal Trial; virtual ballot goes live to inform Hoosiers; It's National Healthcare Decisions Day.

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Former president Trump's hush money trial begins. Indigenous communities call on the U.N. to shut down a hazardous pipeline. And SCOTUS will hear oral arguments about whether prosecutors overstepped when charging January 6th insurrectionists.

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Fears grow that low-income folks living in USDA housing could be forced out, North Carolina's small and Black-owned farms are helped by new wind and solar revenues, and small towns are eligible for grants to boost civic participation..

IL Supreme Court Takes up Medical Malpractice Caps

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Tuesday, November 18, 2008   

Springfield, IL – The Illinois Supreme Court is weighing the state's 2005 malpractice "reform" law that puts a cap on damages for plaintiffs' "pain and suffering." The law is being reviewed to see if it passes constitutional muster under the state constitution. Similar malpractice laws have been struck down twice before.

No matter the outcome, Illinois has learned some lessons about how premiums rise and fall, according to plaintiffs' attorney Mike Gottesman. The new law required insurance companies to show how much they were paying to settle malpractice cases versus what they were charging for premiums. After the information was posted, Gottesman notes, doctor premiums fell.

"One of the things that was absolutely clear is that the insurance companies had inflated the premiums they were charging doctors, and that's why the doctors were screaming."

Gottesman says insurance companies had warned that premiums for doctors would not fall for several years, even with caps in place, yet premiums fell right away.

When the Illinois State Medical Insurance Exchange was forced to open its books and post the information on the Illinois Department of Insurance Web site, Gottesman explains, it encouraged more companies to come to the state and write policies. It's his opinion that increased competition put more downward pressure on prices.

If the Illinois Supreme Court voids the law, the legislature could put it back on the books, keeping the transparency for insurance companies but without limiting damages. If the legislature won't do that, Gottesman thinks it will be hard to explain to the public.

"It's so obvious that it worked, that would it would very hard to say, 'We had this thing. It was magically wonderful, but we're not going to re-adopt it.'"

Those in favor of limiting damages say it could lower premiums even further for doctors down the line, and they still want some sort of law to discourage what they term "frivolous" lawsuits. The court has listened to arguments, and is expected to issue a ruling in early 2009.



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