The Illinois Personal Injury Weblog of Schaeffer & Lamere P.C.

Problems with Malpractice Bill

From the St. Louis Post-Dispatch: "Some see flaws in deal on liability reform," by William Lamb--

Partisans on both sides of the debate over medical liability reform have found plenty to dislike about the plan announced this week in Springfield, Ill., to limit "pain and suffering" damages in malpractice cases.

Trial lawyers, who oppose capping jury awards, said the proposed legislation would deny some victims their right to fair compensation for their injuries. Meanwhile, doctors complained that lawmakers had set the limits too high, and that the legislation included new regulations that insurance companies would find onerous.

--Posted by Madison County Illinois personal injury attorney T. Evan Schaeffer of Schaeffer & Lamere, P.C.

Med Mal "Compromise" Reached

From the St. Louis Post-Dispatch: "Illinois legislators reach deal on malpractice limits," by Kevin McDermott

Top legislators on Wednesday announced a bipartisan agreement for a $500,000 limit on "pain and suffering" damages against Illinois doctors. With leaders of both chambers behind it, the Legislature could pass the measure as early as this week.

Gov. Rod Blagojevich's support nearly guarantees that malpractice awards in the state will be capped, unless opponents can undo it later with court challenges.

The landmark measure includes a $1 million limit on noneconomic damages against hospitals. It also contains provisions to prevent frivolous lawsuits, new disciplinary tools and public disclosure to weed out bad doctors, and more oversight and competition among the companies that provide malpractice insurance for doctors.

Don't believe the hype: with caps, it's a sad day for consumers of health care in Illinois.

--Posted by Illinois personal injury attorney T. Evan Schaeffer of Schaeffer & Lamere, P.C.

Med Mal "Reform" Stopped in Senate

Details here: "Med mal bill stalls in Senate."

--Posted by  Illinois workers' compensation attorney T. Evan Schaeffer of Schaeffer & Lamere, P.C.

Tort Reform: Myth v. Reality

From the Philadelphia Inquirer: "The Hype Over Tort Reform"--

Republican leaders are focused on heavy-handed steps - from a proposed $250,000 cap on pain and suffering damage awards, to federalizing all class-action lawsuits.

At worst, these measures could deny court access to citizens with legitimate cases. At best, they'd have minimal impact on doctors' insurance premiums and health-care costs. By Congressional Budget Office reckoning, lawsuits are one of the smallest factors driving rising health costs - at less than 2 percent.

Shifting most class-action lawsuits from state to federal courts makes no sense, and is opposed by the nation's top judges. Sending these cases - whether consumer, environmental, civil rights - to overburdened federal courts risks delaying or quashing legitimate claims.

President Bush in Madison County

On Notes from the (Legal) Underground, I responded to President's Bush's speech in Madison County yesterday with this post: President Bush and Med-Mal Reform.

President Bush and Frivolous Lawsuits

In an article today in the St. Louis Post-Dispatch, reporter William Lamb notes that this week's visit by President Bush to Madison County might be due to "the county's reputation in some circles as a haven for so-called frivolous lawsuits."

Since anyone with a piece of paper and the requisite filing fee can start a lawsuit, it follows that some lawsuits will lack merit. To say, however, that the country's civil justice system is marred by frivolous lawsuits is false. The idea that most lawsuits are frivolous is a myth.

I have written about this myth, sometimes in a humorous way, on Notes from the (Legal) Underground.  See, for example, these posts: Trial Lawyer Draws Gun, Then Tells a Story, and Advice to Trial Lawyers #3.

President Bush Coming to Madison County

aw.coAccording to news reports, President Bush is coming to Madison County next week to talk about tort reform. Many of his ideas, which are generally favored by large corporations and insurance companies, will be bad for consumers. For an extended debate about tort reform, see the "tort reform" category at my other weblog, Notes from the (Legal) Underground.

A View on Tort "Reform"

From The Washington Dispatch: "The RNC's Latest Political Target: Frivolous Lawsuits," by Kevin Kelton--

It’s true; we do live in a litigious society. But trial attorneys are not the sole cause. Our capitalist system by its very nature pits companies against consumers, and the legal process is the only way to level the playing field.

Remember the Ford Pinto, the once-popular economy car with the tragically misplaced fuel tanks that blew up on the slightest impact? And remember how Ford publicly denied there was a problem so they could keep selling more Pintos to more unsuspecting drivers and thereby fry more of them to death? Ford finally stopped doing that. Why? Because of the consumer lawsuits that brought the issue to the public’s attention and forced the auto maker to do the right thing.

Ralph Nader on Tort Reform

Ralph Nader sets the record straight in his column, "The Public Needs to Hear the Facts on Tort Reform," published in Common Dreams--

Tort deform is little more than a legislated escape from accountability; a free pass to abuse consumers so that business can march on unfettered by those nasty little attempts to hold it responsible in a court of law for negligent actions. When it comes to molding our judicial system, the corporations know few limits to their contempt for Americans right to trial by jury. They do demand that corporation remain free to sue anyone without restrictions.

Say No to Med Mal Caps

There's more about medical malpractice cases and the harm that caps on damages would do to victims at this website: The Committee for Justice for All.