Here's an interesting opinion piece arguing that the big business lobby uses scare tactics to further its agenda of tort "reform" -- "The Tort Reform Scam," by John David Rose. Mr. Rose offers this explanation for the high cost of medical malpractice insurance premiums for doctors:
True, insurance companies have increased premiums. But the real reason for astronomical rate increases is not an explosion of lawsuits and sky-high jury awards.
When the stock market tanked in 2001, so did insurance company profits. They'd been making a ton of money investing "loss reserves" in the booming, pre-Bush stock market.
When the bubble burst, they raised their rates to keep investors happy.
There is related commentary in today's Edwardsville Intelligencer: "I-Law to post candidates' views," by Norma Mendoza. In this article, a Madison County lawyer, Richard Burke, explained that all those things we've been hearing about out-of-control jury verdicts against doctors in Madison County is false:
"Yes, there is a health care problem, a number of problems," Burke said. "The most obvious answer is [doctors] cannot afford the malpractice rates. When you ask why are they so high, they say, 'Too many lawsuits.' How many is too many and what is too high? Since 1996, there have only been 11 malpractice cases that resulted in verdicts, seven for the doctors and four for the patients. The biggest was $1.7 million which is not very big."
The other three verdicts awarded the patients $450,000, $75,000 and $25,000 in separate cases.
"Why do they assume that jurors don't know how to interpret the facts and evidence?" Burke said. "They are full of everyone, all kinds of people on them. Or is it just an attack on the judiciary?"
Burke said the reason malpractice premiums are high in this area is because this is the most heavily populated area in the Southern part of the state and has more hospitals and doctors than nearly any city south of Chicago.
He said the principle behind insurance has always been that the people who don't have claims must pay for the people who do, but the medical insurers in Illinois don't operate that way. The physicians in counties with smaller numbers don't want to pay for the claims in Madison County and thus it is up to the physicians in the county to pay.