A lawsuit testing the constitutionality of Illinois’ medical malpractice reforms is expected to come before the state’s Supreme Court this fall — and with it the very real possibility that the law will be nixed. State Sen. Bill Haine, D-Alton, was one of the leaders in a long bipartisan effort to draft the legislation, which was approved after dozens of doctors fled from the Metro East area due to spiraling malpractice insurance premiums. If the law is thrown out by the courts, Haine said, the issue would wind up back in the Legislature and, depending on how the court rules, new efforts to solve the problems might be even tougher than those in the past. “It would be a long, nasty slog,” Haine said. “I’m not looking forward to it.” Arguments before the high court have not been scheduled but could come as early as next month. At least twice before and most recently in 1997, the Supreme Court has declared laws that limit personal injury awards to be unconstitutional, partly on grounds they violate the separation of judicial and legislative powers.
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