Personal Injury Law

State Considering Zero Liability for Negligent Physicians

By Steven M. Levin and John J. Perconti

Policymakers are considering instituting a state-sponsored indemnity fund that would pay the future medical bills of injured patients, effectively shielding all physicians, hospitals, and medical staff from any liability for medical malpractice and negligence. Many groups, including the Center for Justice & Democracy, the Center for Medical Consumers, and various public interest research groups have criticized the proposal for crippling the rights of patients. Not only would the proposal?s benefits apply to insurance companies, physicians, and hospitals, but it would likely pass the cost of the indemnity fund to the average patient by increasing medical expenses.

The proposal has also been criticized by many that would directly benefit, including insurance companies, on the grounds that the harms would be too widespread. Even if successfully implemented, the fund would likely fail to compensate victims of medical malpractice and negligence even for their medical bills. Ultimately, the proposal allows the real wrongdoers to escape any liability.

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Full post as published by Illinois Medical Malpractice Blog on April 01, 2008 (boomark / email).