Miller v. RosenbergMiller v. Rosenberg
The primary issue presented in this appeal is whether section 2-109 of the Code of Civil Procedure (
BACKGROUND
In November 1988, Elaine Rosenberg filed a medical malpractice lawsuit against Dr. Jerald Miller, a periodontist. Rosenberg, who had been a patient of Dr. Miller between March 1982 and February 1987, claimed in her complaint that, during this
After the completion of discovery, the circuit court granted summary judgment in favоr of Miller. On appeal, the appellate court reversed the grant of summary judgment, and remanded the cause to the circuit court. Rosenberg v. Miller, 247 Ill.App.3d 1023, 187 Ill.Dec. 285, 617 N.E.2d 493 (1993). The matter thereafter proceeded to trial. The jury found Miller not liable, and on April 21, 1995, judgment for Miller was entered on the jury‘s verdict.
On November 8, 1995, Miller filed a three-count malicious prosecution action against Rosenberg and her attorneys. Only count I of Miller‘s complaint is at issue in this appeal.1 Miller alleged that, in commencing and continuing to pursue her medical malpractice lawsuit, Rosenberg acted without probable cause and with malice in several respects. According to Millеr, Rosenberg “alleged a lack of knowledge of the presence of an impacted lower right wisdom tooth” while she was his patient, “despite previously being advised of this condition.” Further, Miller stated that Rosenberg “failed to properly investigate” both “the facts surrounding her claims of negligence” and “whether the alleged negligence of [Miller] was a cause of her claimed injury.” Miller also alleged that Rosenberg had filed and continued to prosecute the medical malpractice lawsuit against him “without probable cause in retribution for perceived incourtesies by [Miller toward Rosenberg],” and that Rosenberg‘s objective was to “obtain mоney despite the fact that she knew or should have known that any alleged negligence was not a cause of any alleged injuries.” Miller further claimed that, as a direct and proximate result of Rosenberg‘s lawsuit, he “suffered personal and pecuniary injuries, including but not limited to, mental anguish,” experienced “increased anxiety,” was forced to incur attorney fees and “expend considerable time and energy in the defense of the underlying action,” and was “required to defend his professional reputation and will be required to pay increased premiums for professional liability insurance.”
In October 1996, Rosenberg filed a motion to dismiss Miller‘s malicious prosecution action pursuant to sections 2-615 and 2-619 of the Code of Civil Procedure (
In addition, Rosenberg maintained in her motion to dismiss that Miller‘s complaint could not be saved by section 2-109 of the Cоde of Civil Procedure (
“In all cases alleging malicious prosecution arising out of proceedings which sought damages for injuries or death by reason of medical[,] hospital[,] or other healing art malpractice, the plaintiff need not plead or prove special injury to sustain his or her cause of action. In all such cases alleging malicious prosecution, no exemplary or punitive damages shall be allowed.”
735 ILCS 5/2-109 (West 1996) .
Rosenberg asserted that the special benefit afforded by section 2-109 to malicious prosecution plaintiffs who also happen to be health care providers violates not only the proscription аgainst special legislation found in article IV, section 13, of the Illinois Constitution of 1970 (
The circuit court denied Rosenberg‘s motion to dismiss on January 10, 1997. The court fоund that although section 2-109 confers special privileges upon health care providers who file malicious prosecution actions which arise out of underlying medical malpractice litigation, this special treatment does not violate the Illinois Constitution. The court reasoned that this classification is warranted by the Illinois General Assembly‘s determination that there existed a medical malpractice crisis at the time section 2-109 was enacted.
On December 9, 1999, the circuit court held a hearing on a motion in limine filed by Rosenberg which requested that the court bar Miller in his malicious prosecution action from the recovery of attorney fees he incurred in defending against the underlying malpractice lawsuit. The circuit court agreed with Rosenberg that, pursuant to section 2-622(e) of the Code of Civil Procedure (
On January 20, 2000, the circuit court declared that section 2-109 violates the Illinois Constitution, specifically, the prohibition against special legislation (
“In my view, [health care providers] have been singled out without there being a rational basis for singling them out and excluding all of the other individuals who might properly bring a malicious prosecution action. * * * [I]f there was a medical malpractice crisis, that does not permit in my view the adoption of an arbitrary or unrelated means of addressing the problem, and that is what I think has been done in this case, where the health care providers have been allowed to have speciаl advantages in a malicious prosecution [action] that no one else in the state shares. That, in my view, is an arbitrary and unrelated means of addressing the problem of a medical malpractice crisis if one exists. * * * There is nothing inherent in being a health care provider that should give them special rights that nobody in the State of Illinois has.”
Miller appealed the circuit court‘s ruling directly to this court. 134 Ill. 2d R. 302(a).
ANALYSIS
This appeal presents the principal issues of whether section 2-109 of the Code of Civil Procedure (
In the matter at bar, Rosenberg urges us to affirm the judgment of the circuit court that the special treatment affordеd by section 2-109 to a select group of plaintiffs is unconstitutional. Specifically, section 2-109 relieves health care professionals from the requirement of pleading and proving special injury when those professionals file malicious prosecution suits against unsuccessful medical malpractice plaintiffs. A malicious prosecution action is brought to recover
Although the prohibition against special legislation and the guarantee of equal protection are not identical, constitutional challenges premised on these provisions are generally judged under the same standards. Best, 179 Ill.2d at 393, 228 Ill.Dec. 636, 689 N.E.2d 1057; In re Petition of the Village of Vernon Hills, 168 Ill.2d 117, 123, 212 Ill.Dec. 883, 658 N.E.2d 365 (1995); Bernier v. Burns, 113 Ill.2d 219, 228, 100 Ill.Dec. 585, 497 N.E.2d 763 (1986). The parties do not dispute that section 2-109 neither affects a fundamental right nor involves a suspect or quasi-suspect classification. See Bernier, 113 Ill.2d at 227-29, 100 Ill.Dec. 585, 497 N.E.2d 763. Therefore, the appropriate standard for our review of the instant constitutional challenge is the rational basis test. Best, 179 Ill.2d at 393, 228 Ill. Dec. 636, 689 N.E.2d 1057; Bernier, 113 Ill.2d at 228, 100 Ill.Dec. 585, 497 N.E.2d 763. Under the rational basis standard, judicial review of a legislative classification is limited and generally deferentiаl. Jacobson v. Department of Public Aid, 171 Ill.2d 314, 323, 216 Ill.Dec. 96, 664 N.E.2d 1024 (1996). “`Under this standard, a court must determine whether the statutory classification is rationally related to a legitimate State interest.‘” Best, 179 Ill.2d at 393, 228 Ill.Dec. 636, 689 N.E.2d 1057, quoting Village of Vernon Hills, 168 Ill.2d at 123, 212 Ill.Dec. 883, 658 N.E.2d 365; Bernier, 113 Ill.2d at 228-29, 100 Ill.Dec. 585, 497 N.E.2d 763. A legislative classification must be upheld if any set of facts can reasonably be conceived which justify distinguishing the class to which the statute applies from the class to which the law is inapplicable. In re A.A., 181 Ill.2d 32, 38, 228 Ill.Dec. 905, 690 N.E.2d 980 (1998).
Before this court, Rosenberg‘s constitutional challenge to section 2-109 rests primarily upon her contention that this provision violates our constitution‘s prohibition against special legislation.
The special legislation clause of the Illinois Constitution provides:
“The General Assembly shall pass no special or local law when a general law is or can be made applicable. Whether a general law is or can be made applicable shall be a matter for judicial determination.”
Ill. Const. 1970, art. IV, § 13 .
Section 2-109 is one of a number of provisions added to the Code of Civil Procedure in 1985 by Public Act 84-7, eff. August 16, 1985,3 which was passed by the Illinois General Assembly in response to what was perceived to be a crisis in the аrea of medical malpractice litigation. See DeLuna v. St. Elizabeth‘s Hospital, 147 Ill.2d 57, 65, 167 Ill.Dec. 1009, 588 N.E.2d 1139 (1992). By enacting this package of medical malpractice reform legislation, the General Assembly intended to “comprehensively * * * regulate medical malpractice litigation, with a view to reducing the number of such suits and the size of the awards which are given in those in which the plaintiff successfully establishes his claim.” Ill. Ann. Stat., ch. 110, par. 2-109, Historical & Practice Notes, at 30 (Smith-Hurd Supp. 1992).
Shortly after the passage of Public Act 84-7, five provisions of that Act were challenged as unconstitutional in Bernier v. Burris, 113 Ill.2d 219, 100 Ill.Dec. 585, 497 N.E.2d 763 (1986). In Bernier, this court determined that the establishment of review panels in medical malpractice cases violated provisions in the Illinois Constitution with respect to the source of judicial power and the jurisdiction of the circuit courts (see
In his brief to this court, Miller contends that, although section 2-109 was not among the statutory provisions at issue in Bernier, the legitimate governmental interests identified in that decision with respect to Public Act 84-7 apply with equal
Rosenberg, echoing the reasoning employed by the circuit court in its ruling, responds that section 2-109 constitutes impermissible special legislation because there is no rational relation between a legitimate state interest and the grant of a special benefit to health care providers who file malicious prosecution actions against unsuccessful medical malpractice litigants. Rosenberg labels as “fallacious” the argument advanced by Miller that section 2-109 bears a rational relation to the perceived medical malpractice crisis. Specifically, Rosenberg contends that in contrast to the statutory provisions of Public Act 84-7 which were upheld in Bernier and “were all directly related to the conduct of the medical malpractice litigation itself,” section 2-109 “does not apply to medical malpractice litigation in any way during its pendency * * * [and] no rational argument can be made that health care providers deserve greater post-litigation rights when they have allegedly been sued with malice and without probable cause than any other similarly situated civil defendant.” Rosenberg therefore concludes that section 2-109 arbitrarily and irrationally eliminates the common law special injury requirement for this select group of malicious prosecution plaintiffs. We reject Rosenberg‘s arguments.
As stated, it is the burden of the party challenging the validity of a statute to rebut the presumption of constitutionality. Arangold, 187 Ill.2d at 351, 240 Ill.Dec. 710, 718 N.E.2d 191; Russell, 183 Ill.2d at 441, 233 Ill.Dec. 782, 701 N.E.2d 1056. We hold that Rosenberg has failed to clearly establish that the provisions of section 2-109 violate the proscription against special legislation. Contrary to Rosenberg‘s assertions that the classification in section 2-109 is irrational and arbitrary, we find that there are discernable, rational reasons why the General Assembly distinguished between health care professionals who file malicious prosecution suits against unsuccessful medical malрractice plaintiffs and all other individuals who may bring a malicious prosecution action. The classification is based upon “a rational difference of situation or condition” between those persons included in the classification and excluded from it (Vernon Hills, 168 Ill.2d at 123, 212 Ill.Dec. 883, 658 N.E.2d 365), and the classification bears a reasonable relationship to the purposes of the statute.
As we observed in Bernier, the history of Public Act 84-7 “amply demonstrates that it was enacted in response to what was perceived to be a crisis in the area of medical malpractice.” Bernier, 113 Ill.2d at 229, 100 Ill.Dec. 585, 497 N.E.2d 763; see also DeLuna, 147 Ill.2d at 66, 167 Ill.Dec. 1009, 588 N.E.2d 1139; Ill. Ann. Stat., ch. 110, par. 2-109, Historical & Practice Notes, at 30 (Smith-Hurd Supp. 1992). The primary intent of the General Assembly in passing this medical malpractice refоrm package was to “reduce the burdens existing in the health professions as a result of the perceived malpractice crisis.” Bernier, 113 Ill.2d at 252, 100 Ill.Dec. 585, 497 N.E.2d 763. To this end, certain statutory provisions were enacted with the specific purpose of operating “as a disincentive for filing frivolous suits.” Bernier, 113 Ill.2d at 252, 100 Ill.Dec. 585, 497 N.E.2d 763; see also Ill. Ann. Stat., ch. 110, par. 2-109, Historical & Practice Notes, at 30 (Smith-Hurd Supp. 1992). Section 2-109 is such a provision. As
This understanding of the purpose of section 2-109 refutes Rosenberg‘s argument that there is no rational relationship between this statutory provision and the perceived medical malpractice crisis. In enacting section 2-109, the legislature eased the burden of bringing a malicious prosecution action for health care professionals with the specific intent of not only “discouraging” the filing of frivolous medical malpractice lawsuits, but also as a way of “punishing” those plaintiffs who bring baseless medical malрractice claims. The legislature could have reasonably believed that liberalizing the availability of a malicious prosecution action for health care providers is an effective means of curtailing meritless medical malpractice litigation. The possibility of being a defendant in a subsequent malicious prosecution suit where the element of special injury is not required to be pled or established would likely provide a strong incentive to a potential medical malpractice plaintiff to thoroughly investigate the basis of the claim before filing suit. Those potential plaintiffs who conclude that there is probable cause to file a medical malpractice action would have no reason to be discouraged from bringing suit, while those whose claims lack probable cause would be deterred from filing an action.
Rosenberg contends, however, that there is further support for her position that the special rights conferred upon health care providers by section 2-109 are not rationally related to a legitimate state interest. Rosenberg observes that as part of Public Act 84-7, the General Assembly also enacted section 2-622 of the Code of Civil Procedure (
In a final effort to lend support to her position that the elimination of the special injury requirement for health care providers is a constitutionally impermissible “special benefit,” Rosenberg argues that the classification contained within section 2-109 is analogous to the legislative classification in sеction 2-1117 of the Code of Civil Procedure which this court found to
As we explained in Best, Public Act 89-7 rewrote section 2-1117 of the Code of Civil Procedure to abolish the common law doctrine of joint and several liability, and substituted in its place several liability based upon proportionate fault. Best, 179 Ill.2d at 423, 228 Ill.Dec. 636, 689 N.E.2d 1057. However, although subsection (a) of section 2-1117 purported to eliminate the doctrine of joint and several liability for all plaintiffs, subsection (b) of that provision provided that if the damages cap in section 2-1115.1 was invalidated, the doctrine of joint and several liability was automatically reinstated, but only for medical malpractice defendants. Because we held that the cap on damages was unconstitutional, subsection (b) was activated.
We determined in Best that the abatement of proportionate several liability solely in the context of medical malpractice actions violated the prohibition against special legislation because it arbitrarily and irrationally benefitted only those plaintiffs filing medical malpractice claims.
Best, 179 Ill.2d at 431-32, 228 Ill.Dec. 636, 689 N.E.2d 1057. We observed that by virtue of the benefit contained in section 2-1117(b), a select group of tort plaintiffs would be relieved from the burden faced by all other plaintiffs of “bring[ing] several separate actions to recover full compensation for their injuries,” and that this select group did not, unlike all other tort plaintiffs, have to “bear the risk оf any tort-feasor being insolvent or otherwise unavailable.” Best, 179 Ill.2d at 431, 228 Ill.Dec. 636, 689 N.E.2d 1057. We concluded that there was “no discernable rational basis for treating medical malpractice plaintiffs differently from other plaintiffs in death, bodily injury and property damage cases,” and stated that “[i]f in fact, a real need exists to eliminate the harshness of several liability, then logically this need exists for all plaintiffs who have suffered physical injury or loss of property at the hands of joint tort-feasors, and not just medical malpractice plaintiffs.” Best, 179 Ill.2d at 431-32, 228 Ill.Dec. 636, 689 N.E.2d 1057.
Relying upon this statement from our opinion in Best, Rosenberg asserts that “[t]his reasoning applies with equal force to prove the unconstitutionality of section 2-109. Rosenberg contends that the special benefit afforded to health care providers by section 2-109 is just as arbitrary and irrational as the special treatment provided to medical malpractice plaintiffs in section 2-1117. Echoing our statement in Best, Rosenberg concludes that “[i]f, in fact, a real need exists to eliminate the harshness of the special injury or special damages requirement of malicious prosecution actions, then logically that need exists for all defendants who suffered from maliciously prosecuted lawsuits, not just health care providers.” We find Rosenberg‘s argument unpersuasive.
As previously discussed, we find that the classification in section 2-109 is reasonably
Section 2-109 is distinguishable from section 2-1117 in an additional respect. In Best, our finding that section 2-1117 violated the special legislation clause was also premised upon the fact that section 2-1117(b) contradicted the purpose stated by the General Assembly for enacting proportionate several liability. Although the preamble to Public Act 89-7 declared that “it is the public policy of this State that a defendant should not be liable for damages in excess of its proportionate share of fault,” we noted that section 2-1117(b) “inexplicably contradict[ed] this rationale.” Best, 179 Ill.2d at 432, 228 Ill.Dec. 636, 689 N.E.2d 1057. We explained that “[i]f the premise underlying Public Act 89-7‘s abolition of joint and several liability is that the doctrine unfairly permits a plaintiff to recover more in damages than is justified from an individual defendant then, logically, that unfairness is only exacerbated if there is no cap on the total amount of the damages which the plaintiff can recover.” Best, 179 Ill.2d at 432, 228 Ill.Dec. 636, 689 N.E.2d 1057. We therefore concluded that the invalidation of the damages cap did not justify or explain the exemption provided by section 2-1117(b) from the general rule of several liability, and that “treating these plaintiffs differently in the absence of a damages cap is directly contrary to the legislature‘s acknowledged purpose for enacting proportionate several liability.” Best, 179 Ill.2d at 432-33, 228 Ill.Dec. 636, 689 N.E.2d 1057. In contrast to section 2-1117, section 2-109 does not contravene the stated policy of Public Act 84-7 to remedy the malpractice crisis. Instead, the provisions of section 2-109 further that policy by discouraging and penalizing meritless medical malpractice claims.
In sum, Rosenberg has failed to satisfy her burden of proof to clearly establish that section 2-109 constitutes impermissible special legislation in violation of article IV, section 13, of the Illinois Constitution of 1970 (
Raising arguments identical to those made in support of her special legislation claim, Rosenberg next asserts that section 2-109 violates the guarantee of equal protection contained within article I, section 2, of the Illinois Constitution of 1970 (
In her written submission to this court, Rosenberg also makes a brief argument, as she did before the circuit court, that section 2-109 violates the guarantee of due process found in article I, section 2, of our constitution (
CONCLUSION
For the foregoing reasons, we hold that section 2-109 of the Code of Civil Procedure (
Circuit court judgment reversed; cause remanded.