Personal Injury Law

The Whole Truth about Medical Malpractice and Insurance

By Hurley, McKenna & Mertz

In the wake of the recent Illinois Supreme Court decision striking down medical malpractice damage caps as unconstitutional, the Illinois Trial Lawyer Association released a report dispelling the medical malpractice myths. (February 2010).

In 2005, the Illinois Legislature enacted arbitrary caps on medical malpractice non-economic damages. Under this regulatory scheme, victims of medical malpractice could only sue doctors for $500,000 and hospitals for $1 Million. Perhaps to someone who has been fortunate not to experienced such devastation, this money sounds like a lot, but arbitrary damage caps are unfair especially to victims of catastrophic mistakes. Although proponents of the damage caps argue that ?skyrocketing? verdicts are driving doctors out of Illinois and raising healthcare costs for patients. However, empirical data speaks to an alternative source of the problem: insurance companies.

Court records show that since the 2005 law, both medical malpractice claims and verdicts have remained stable. Even insurance company?s regulatory filings ?show that since 2000, both frequency and severity of malpractice claims and payouts have been stable, or even decreasing.? However, during that same period of time, insurance companies have increased insurance premiums paid by doctors, thus increasing healthcare costs for patients, and allowing themselves to enjoy large profits. Therefore, the root of the health care cost problem is insurance companies, not high medical malpractice verdicts. Empirical data supports this conclusion.

Moreover, the proper and most effective way to lessen medical malpractice litigation is to improve patient safety, not to impose arbitrary damage caps on those who have already been injured by medical negligence. Not only is this not fair, it?s not a way to solve the problem, but is only a way to prevent victims from obtaining just compensation.

As a trial lawyer in Chicagoland, I fully support this report. Medical malpractice damage caps are arbitrary and fundamental unfair, fortunately the Illinois Supreme Court reached the same conclusion.

Full post as published by Chicago Medical Malpractice Lawyer Blog on February 22, 2010 (boomark / email).