Illinois Medical Malpractice Blog

Many of those opposing President Obama’s health care plan are maintaining that the solution to the health care lies in the inaction of tort reform. Recently, at a health care summit, Representative John Boehner, proclaimed that the costs of malpractice insurance have become the country’s biggest cost driver. Presidents of the American Medical Association have written into newspapers claiming that medical malpractice reform was the “surest and quickest way to slow down the rising cost of health care.”

Yet all of these accusations are false. According to StatesmanJournal.com, the Congressional Budge Office has estimated that malpractice costs account for less than 2 percent of health care spending. They have determined that tort reform would only lower health care costs by 0.5 percent. The Republican leadership is exaggerating the significance that medical malpractice costs have on health care. Also, the frequency of medical malpractice lawsuits has diminished recently. In the mid-1990s there were 15 medical malpractice lawsuits filed to every 100 physicians. In 2008 that number dropped to 8 percent. In the 30 states that have capped medical malpractice damages, there is no empirical evidence that health care costs have decreased. It is obvious that Republicans are overstating their facts.

Most importantly, Republicans are ignoring the many victims of medical negligence who will be unable to be justly compromised if tort reform is imposed. Since tort reform does not equal health care reform, it would be wrong to limit the rights of patients for very little reward. To read more statistics about tort reform, please click the link.

Anthony Tarricone, President of the American Association for Justice, published a piece in the Huffington Post reminding the public to remember those who have fallen victim to medical error. This week is Patient Safety Awareness Week, which is an annual national education and awareness campaign. This year it is especially important because it falls in the midst of the recent health care debate. As those in Congress debate medical malpractice they must remember the 98,000 patients that die annually as a result of preventable medical error. Put a different way, if the Centers for Disease Control and Prevention classified medical errors as a category it would be the sixth leading cause of death in America.

Many Republicans have focused on the idea of tort reform as one of the major solutions to America’s health care problems. However, there has been a great deal of evidence that shows changing tort law would do nothing to lower costs or cover the uninsured. It should also be noted that the 98,000 people figure only includes those who died, and not those who were seriously injured by medical error. These extra numbers include a woman who had to have four amputations after a routine kidney stone surgery. The doctors had sent her home with no treatment and her kidney blockage caused a full body infection. This is just one of the many victims of medical error. While health reform is needed, it cannot be at the expense of victims. Contact your local Congressman and voice your support for patient awareness. To read more from the AAJ’s President’s post, please click the link.

Last month this blog discussed the large number of people that have become victims to medical negligence at long-term health care facilities. This issue had gained national attention due to the increased presence of long-term care facilities nation-wide. The New York Times has reported that the Senate Finance Committee has opened an investigation into the wrongful deaths and allegations of abuse at long-term care hospitals. The Senate investigation will focus on the Select Medical Corporation. This is a for-profit corporation that runs a total of 89-long-term care hospitals throughout the states.

The Senate committee has the power to launch an investigation because it oversees Medicare funds. They decided to investigate the many stories of poor treatment and patient deaths at the long-term care hospitals. These facilities will treat approximately 200,000 seriously ill patients a year nationwide, yet they rarely have full-time physicians on staff. The facility in question allowed a dying patient’s heart alarm to sound for 77 minutes before any nurses responded. While Select stated that they terminated a clinical involved in the incident, others have subsequently ensued.

Long-term hospitals are unique because they do not treat specific types of patients or offer services unavailable in regular medical centers. They have to transfer a patient back to a hospital if they suffer any medical emergencies. One large long-term care conglomerate is Kindred Healthcare. Kindred operates three long-term hospitals in Illinois, including one in Chicago. If you believe that a loved one has fallen victim to poor patient care at a long-term hospital, please consult a Chicago medical malpractice lawyer. To read more about the Senate investigation, please check out the link.

While we all watch the U.S. Congress debate whether or not medical malpractice law needs to be reformed it is important to know the facts when it comes to the insurance industry. For example, do you know that Illinois’ largest malpractice insurer’s payouts have remained flat for over a decade? This has occurred despite the fact that premiums and profits have skyrocketed. Additionally, medical malpractice insurance rate increases between 2000 and 2005 has resulted in insurance company profits that have broken records and left executives with large compensation packages. This all leads to the ultimate fact that medical malpractice claims are not to blame for the increase in insurance rates. Instead we should all be looking to the business conditions and diminished returns on the insurance companies’ financial investments.

The Illinois Trial Lawyers Association’s White Paper has highlighted all of the myths and facts associated with medical malpractice in Illinois. In reality, court records have shown that medical malpractice lawsuits in Illinois were actually decreasing before the enactment of the damages caps in 2005. Claims, lawsuits and payouts all have been stable or declining. They are not to blame for the increases in doctors’ malpractice insurance rates. Also, claims and lawsuits have not caused an increase in the costs of health care. We need to start focusing on the facts rather than the propaganda. There needs to be true insurance reform that will focus on patient safety. This will be the best and most practical way to decrease insurance costs by reducing medical error.

The American Association for Justice has spoken out about the constant struggle for health care reform. Currently the House of Representatives is debating whether or not to vote on the Senate passed health care bill. This means that if the House has a majority vote the Senate bill will become a law. The current version of the Senate bill allows for demonstration projects, but provides an absolute opt out clause for plaintiffs at any time. The AAJ finds demonstration objectionable but believes that the opt-out provision for all plaintiffs minimizes their concern.

In a recent letter to Congress, the President signaled openness to appropriating $50 million for additional medical malpractice projects, which would include health courts. This blog recently spoke to the dangers of implementing health courts. Most importantly these courts would take away a patient’s right to a jury trial, which is in direct opposition to the constitution. The AAJ believes that health courts open up the possibility of biased, one-sided proceedings, deny people their right to trial by jury, and serve as another expensive insurance company bureaucracy. Fortunately, the Senate language contains an opt-out provision which would allow victims to have the option of a civil jury trial. Please contact your Congressmen and voice your opposition for health courts.

Many people who support patient’s rights have been using twitter to voice their thoughts on the recent health care debate. This has become a great forum for those to voice their opinions. Many are discussing the 98,000 people who die every year from medical error. We need to ensure that Congress takes this number into account.

In the ever continuing medical malpractice and health care debate a new proposal has emerged. This involves what are being referred to as “health courts” which would force all medical malpractice cases out of the court system. While these courts promise faster, more reliable system of resolving medical malpractice claims, they do not paint all sides of the story.

The Pop Tort explained that health courts are a terrible, anti-patient and highly-controversial concept that has both consumer groups and victims of medical negligence strongly opposed to them. They force all medical malpractice cases into an administrative system based on the failing worker's compensation model. However, this system would be even worse because patients would still have to prove a form of negligence and the decision-makers would come from the medical community. Immediately, the right to jury trial has become eliminated. Also, the courts would have few accountability mechanisms, few procedural safeguards and no meaningful appeals process. There may be a schedule of benefits and a severe cap on non-economic damages. Most importantly, these courts are unconstitutional. By taking away the right to a jury, these courts are in direct opposition to the constitution.

Ray De Lorenzi, a spokesman for the American Association for Justice, stated that health courts would involve a new expensive bureaucracy. Health courts would do nothing to eliminate the 98,000 people who die every year from preventable medical error. He told TheHill.com that fixing preventable medical errors, not creating new bureaucracies, is the right solution. To read more about health courts, please click the link.

All too often the public does not hear about the detrimental effects tort reform has on the hundreds of thousands of victims whom are injured by medical malpractice each year. Tort reform puts a cap on compensation for victims of medical negligence. The Huffington Post points out the specific case of Lisa Gurley. A court found that the severe brain injury suffered at birth by Lisa’s son, Colin, was caused by a doctor’s negligence. Despite this finding, Nebraska tort reform prevented Lisa and her son from being adequately compensated for his injuries. In fact, they were compensated for just a tiny fraction of what it will cost to care for Colin for the remainder of his life. Now, Medicaid and the Nebraska Medically Handicap Children's program pay for all of Colin’s care. It is grossly unfair that the taxpayers and Colin’s family are paying the astronomical cost of caring for a severely handicapped child while the doctor and the insurance company paid minimally for the medical negligence. The Chicago medical malpractice attorneys at Levin and Perconti are working to protect the rights of catastrophically injured children like Colin and to ensure that there continue to be adequate remedies for injured victims of medical negligence.

At the recent health care summit President Obama stated that Republicans are overstating the effects that medical malpractice has on the health care system. He disputed the Republican’s claim that medical malpractice lawsuits are the biggest driver of medical inflation. Illinois Democrat Dirk Durbin stated that it is wrong to impose medical malpractice awards when the health care system is the true culprit for rising health care costs. Rather he suggested that Congress should focus on incentivizing states to find innovative ways to reduce medical errors and reduce those medical malpractice lawsuits that should not be filed.

The Democrat’s position on medical malpractice is supported by the Congressional Budget Office’s report. The report shows that medical malpractice lawsuits only constitute 2 percent of total health care expenditures. Enacting tort reform would then only reduce total national health care expenditures by approximately .2 percent. Conversely, the Congressional Budget Office also stated that an additional 4,800 people a year will die if hospital accountability goes down. Currently, the Institute of Medicine estimates that 98,000 people a year die due to medical error. Additionally, tort reform would greatly damage those who are victims of medical error by limiting the amount of compensatory damages they receive. Compensatory damages simply put the patient back to the position they would be in prior to the medical err. These include costs of medical bills, rehabilitation and loss wages. These innocent victims must be adequately compensated for their injuries not only because it is constitutional but because it is just.

To learn more about the medical malpractice debate, check out the San Francisco Chronicle’s article.

The American Association for Justice issued a quick response to Rep. Darrell Issa’s “misinformed” op-eds that were released this morning. The AAJ did so to present accurate information surrounding medical malpractice tort reform to reporters and the public. The op-eds came hours before the President commenced the bipartisan healthcare summit to discuss his proposal for healthcare reform. Although the proposal, released earlier in the week, did not contain any tort reform measures, it was well known that Republicans would continue to push for the inclusion of tort reform in the larger healthcare bill.

The AAJ debunks Issa’s argument by citing information and studies collected in the organization’s medical negligence primer. The AAJ notes that opponents of true healthcare reform use tort reform as a solution; however it will not solve the healthcare crisis and will only take away the rights of victims of medical malpractice. Rep. Issa argues that medical malpractice reform would help to contain healthcare costs. The AAJ cites the nonpartisan Congressional Budget Office’s findings that tort reform would only result in a 0.5% reduction in the overall cost of national healthcare spending. The AAJ’s response also notes that states with the toughest medical malpractice laws have the most expensive healthcare in the country and the highest rates of uninsured people. Tort reform has done little to drive down the cost of healthcare or make it more accessible to people in these states.

Further, the AAJ refutes the notion that tort reform will control the cost of medical malpractice premiums and prevent doctors from fleeing. According to the AAJ response, states with no medical malpractice caps actually have lower premiums for doctors than states with caps, proving that there is no correlation between caps and medical malpractice insurance premiums.

As the healthcare debate continues, it is important for organizations such as the AAJ to inform the public and uncover the myths surrounding medical negligence. Doing so will help people see that tort reform has no place in the healthcare debate and will have little impact on reducing healthcare costs or improving healthcare for all Americans. Rather, tort reform will take away people’s rights to receive fair compensation for injuries or death caused by a healthcare provider’s mistakes. Read the AAJ’s response to the op-eds on tort reform.

Leading up to Thursday’s bipartisan healthcare summit, the White House released the President’s Proposal on Healthcare Reform. The proposal includes many pieces of the House and Senate bills that have been debated over the last six months, however, the president did not include any medical malpractice revisions. This move by the president will protect the rights of patients across the country who may become the victims of preventable medical negligence. However, it is anticipated that the GOP will once again fight for the inclusion of tort reform in the bill.

As medical malpractice attorneys who represent victims of negligence, we continue to remind our readers to speak out against tort reform in the national healthcare debate. Recently, we saw the Illinois Supreme Court rule that caps on medical malpractice damages were unconstitutional, a great victory for patients in our state. We hope that our national representatives will follow Illinois’ example and realize that tort reform has no place in the healthcare debate. Healthcare reform should focus on lowering healthcare costs and making affordable healthcare accessible to everyone. Tort reform will not ease access, and it will not lower healthcare costs significantly. In fact, the CBO released a report in October 2009 that said tort reform would only lower the total cost of healthcare spending by 0.5%. To read the full text of the President’s Proposal on healthcare reform, follow the link.

Earlier this month, the Illinois Supreme Court ruled that caps on non-economic damages in medical malpractice lawsuits were unconstitutional. In doing so, the Court also invalidated the 2005 medical malpractice regulatory reforms that were contained in the Act. This is due to an inseverability provision in the Act that invalidates the entire Act should a provision be struck down. An article in the Southtown Star notes the Supreme Court asked medical malpractice insurers to continue to comply with the 2005 medical malpractice regulatory reforms in its decision, emphasizing that their real target was malpractice caps. According to a news release by the Illinois Department of Insurance, the 2005 changes improved reporting among medical malpractice insurers in the state. It also created a more transparent environment where insurance information such as filings and rate information is readily available to the public. The Department also noted decreases in medical malpractice insurance premiums and more competition among a great number of companies. The Department asks medical malpractice insurers to continue to act in accordance with the 2005 regulatory reforms to provide stable and affordable medical malpractice insurance. Among its requests, the Department asks insurance companies to continue responding to the Department’s requests for information about how rates are set and also asks insurers to continue providing base rates and lists of agents. Additionally, the Department calls upon medical malpractice insurers to continue offering discounts to physicians who voluntarily join in risk management. Follow the link to read the entire news release from the Illinois Department of Insurance on complying with medical malpractice reforms.

In 2005, the Illinois legislature enacted an arbitrary $500,000 cap on the total amount of non-economic damages that can be recovered by patients in medical malpractice cases and a $1 million cap in those cases against hospitals. The Illinois Supreme Court recently ruled that this law was unconstitutional and limited patients’ rights. Those proponents of the legislation were arguing that medical malpractice claims and verdicts were skyrocketing which was driving doctors out of Illinois thereby raising your health care costs. In reality these insurance driven arguments were far from the truth.

First, court records have actually shown that the annual filings of medical malpractice lawsuits in Illinois have steadily decreased before 2005. While medical malpractice filings have gone done, insurance companies have been enjoying record profits. Since 2000, malpractice insurance rates have dramatically increased while the frequency and severity of malpractice claims and payouts have not. Medical malpractice payouts have been on the decline nationwide for years. Insurance rate fluctuations are the result of market conditions, not medical malpractice lawsuits.

Instead of focusing on reducing costs, lawmakers should be focusing on improving patient safety. Medical malpractice is a leading cause of death in America, injuring 180,000 people annually. Additionally, 98,000 people wrongfully die annually from medical error. Preventing medical error is the most effective way to avoid malpractice litigation. If you are the victim of medical error, consult a Chicago medical malpractice lawyer. To read more from the Illinois Trial Lawyers Association’s response to tort reform, please click the link.

A group of medical malpractice survivors sent letters to President Obama and the Congressional leadership urging them to keep additional “tort reforms” out of the health insurance reform bill. They are responding to pressure he has been feeling from the insurance and medical lobbies to limit patients’ legal rights. The Congressional Budget Office has said that even the most brutal restrictions on injured patients would save less than 1 percent of the total health care costs. The survivors wrote that they have endured the problems of state restricted malpractice caps. Malpractice awards need to be suited specifically to aide the victim. The laws have had terrible consequences for them. Some victims of medical malpractice were shut out of courts altogether. Illinois recently passed a landmark decision that declared medical malpractice caps unconstitutional. Illinois has upheld the right decision that puts patient’s rights in front of insurance greed.

The letter concludes, “Medical malpractice has taken a huge toll on all of our lives, as it has on the hundreds of thousands killed or injured each year due to preventable medical errors. Please continue to explore ways to improve patient safety and reduce unnecessary deaths, not diminish accountability for wrongdoers, limit our right to have cases heard before judges and juries, and burden taxpayers with the bill.”

Lawmakers should be concentrating on making the system fairer to doctors and patients. They should look to reducing the 98,000 deaths that occur each year due to medical error.
To read a copy of the letter, please click the link.

As the health care debate continues, an editorial in the St. Louis Dispatch emphasized that medical malpractice tort reform would do little to bring down the overall cost of health care in the United States. The editorial anticipates that heading into the bipartisan health care summit on February 25, Republicans will again push for medical malpractice caps to control the soaring costs of health care.

Republicans argue that capping medical malpractice damages will reduce health care costs by lowering medical malpractice insurance premiums and costs associated with defensive medicine. However, medical malpractice reform will do little to impact health care spending in the United States. The editorial cites a study by the Congressional Budget Office that revealed the projected savings from tort reform would only reduce the total amount of health care spending by only 0.5%.

Republicans also argue that there are too many frivolous lawsuits, but the article notes findings from a Harvard study found that over half of the patients who experienced medical malpractice did not take legal action. Additionally, due to the high costs of lawsuits, medical malpractice attorneys are not motivated to represent clients in frivolous lawsuits that have no merit.

Medical malpractice caps will not drive down health care costs. Rather, they will only harm individuals who have been injured or killed as a result of medical errors. It is important to shift the focus to preventing medical malpractice from happening instead of limiting patients' rights. To access the Dispatch's editorial on medical malpractice tort reform follow the link.

In 2005, the Illinois legislature enacted an arbitrary $500,000 cap on the total amount of non-economic damages that can be recovered by patients in medical malpractice cases and a $1 million cap in those cases against hospitals. The Illinois Supreme Court recently ruled that this law was unconstitutional and limited patients’ rights. Those proponents of the legislation were arguing that medical malpractice claims and verdicts were skyrocketing which was driving doctors out of Illinois thereby raising your health care costs. In reality these insurance driven arguments were far from the truth.

First, court records have actually shown that the annual filings of medical malpractice lawsuits in Illinois have steadily decreased before 2005. While medical malpractice filings have gone done, insurance companies have been enjoying record profits. Since 2000, malpractice insurance rates have dramatically increased while the frequency and severity of malpractice claims and payouts have not. Medical malpractice payouts have been on the decline nationwide for years. Insurance rate fluctuations are the result of market conditions, not medical malpractice lawsuits.

Instead of focusing on reducing costs, lawmakers should be focusing on improving patient safety. Medical malpractice is a leading cause of death in America, injuring 180,000 people annually. Additionally, 98,000 people wrongfully die annually from medical error. Preventing medical error is the most effective way to avoid malpractice litigation. If you are the victim of medical error, consult a Chicago medical malpractice lawyer. To read more from the Illinois Trial Lawyers Association’s response to tort reform, please click the link.

The Illinois Supreme Court showed their support for patient’s rights today by ruling that medical malpractice caps violate the state’s Constitution. The ruling strikes down a statute that would limit awards for noneconomic damages such as pain and suffering. This would be the third time that the Illinois Supreme Court rejected medical malpractice caps. The court told lawmakers that they could not limit the amount of money that a medical malpractice victim could win in court. The Illinois Supreme Court found that the legislature had violated the separation of powers by infringing on the powers of the judiciary. The ruling revolves around the case of a 4 year old victim who was a victim of medical negligence. This medical error caused the girl’s brain damage at birth. This is a landmark case that will help the victims of medical malpractice throughout the state of Illinois. Now that malpractice caps have been lifted, the victims may receive funding that is needed to survive. The lawyers at Levin & Perconti applaud the Illinois Supreme Court for their support of patient’s rights. A victim deserves to be rightfully compensated for their injuries. To read reaction to the important decision, please click the link.

Today, the Illinois Supreme Court handed down a ruling in favor of patients and victims of medical malpractice throughout the state. According to a press release issued by the Illinois Trial Lawyers Association, the Court ruled that medical malpractice caps are unconstitutional in a lawsuit about a young girl who suffered a significant brain injury due to medical negligence. ITLA president, Peter J. Flowers, applauded the Court’s decision, noting it will shift the focus to “meaningful insurance reform” that will cut costs for doctors and patients and will give Illinois residents access to quality care.

The Chicago medical malpractice lawyers at Levin & Perconti support the Court’s ruling. Medical malpractice laws were designed to protect patients injured through no fault of their own. These laws allow victims to seek fair compensation for a health care provider’s mistakes. We are pleased that the Court ruled to protect patients’ rights to hold doctors and hospitals accountable.

Recently Senate Minority Leader Mitch McConnell stated on Meet the Press that the health care overhaul should reduce the number of medical malpractice lawsuits. He believes that malpractice is an area where Democrats should show more flexibility in the revised health care legislation. However, what Mr. McConnell failed to tell the American public is that every year 98,000 people die as a result of medical error. Additionally, studies show that provisions such as medical malpractice caps do not lower insurance premiums. Republicans and Democrats alike should work towards changing health care in a way that does not limit a patient’s rights. To read more about the health care debate, please click the link.

Despite Republican efforts to enact tort reform, the recent healthcare bills leave the country’s medical malpractice system in tact. This is because medical malpractice lawsuits are often the only recourse for thousands victimized by medical error. Studies show that approximately 98,000 patients are killed each year by medical errors. Forty-six states have passed some sort of tort reform, and these states do not have lower costs or coverage for the uninsured. This proves that attempts to limit patient rights should not be included in the health care bill. By focusing on reducing medical errors, the healthcare system can help avoid the 98,000 wrongful deaths each year. Please contact your congressman and voice your opposition to medical malpractice reform. To read more of the ongoing debate, click the link.

Last month the Illinois Supreme Court decided to delay its ruling on the constitutionality of the Illinois Medical Malpractice Act of 2005. This ruling would determine whether or not medical malpractice caps were legal in Illinois. The issue came before the Court in the 2007 Abigaile Lebron v. Gottlieb Memorial Hospital case where a Cook County Circuit Court Judge deemed the caps unconstitutional. Attorney Frank Perrecone stated the caps do nothing but injure victims of malpractice claims. He stated that “it’s a one size-fits-all solution on noneconomic damages, and it will affect those victims of medical error who are most seriously injured.” Medical malpractice caps will do nothing to decrease health care costs and will simply injure victims of medical error even further. To look more at opinions about medical malpractice caps, check out the link.