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Full-Text Articles in Law
Medical Negligence Litigation Is Not The Problem, Kenneth C. Chessick, Matthew D. Robinson
Medical Negligence Litigation Is Not The Problem, Kenneth C. Chessick, Matthew D. Robinson
Northern Illinois University Law Review
The medical malpractice insurance "crisis" results not from out-of-control juries or overly-litigious plaintiffs and their attorneys, but rather is simply the result of epidemic levels of negligence among physicians. The myth that the liability system is to blame for high premiums facing doctors creates opportunities for insurance companies to restrict plaintiffs' access to courtrooms and to limit the amount of compensation they may receive after proving negligence. This article examines and debunks the leading myths regarding the so-called "crisis" and presents several suggestions that may improve the healthcare provided to patients nationwide.
Addressing The Medical Malpractice Insurance Crisis: Alternatives To Damage Caps, Carrie Lynn Vine
Addressing The Medical Malpractice Insurance Crisis: Alternatives To Damage Caps, Carrie Lynn Vine
Northern Illinois University Law Review
This article examines the history of damage caps as a means of tort reform and their effect on past medical malpractice crises. The article then proposes alternative solutions for future reform. Statistical evidence is presented demonstrating that damage caps are an ineffective means of reducing malpractice insurance premiums because they do not address the underlying causes of rising premiums. "Malpractice crises" correlate with market fluctuations and changes in the supply and demand of malpractice insurance, rather than with any increase in malpractice litigation or verdicts. In order to address the economic source of malpractice crises, the author proposes two alternative …
The Inevitable Reevaluation Of Best V. Taylor In Light Of Illinois' Health Care Crisis, Carolyn Victoria J. Lees
The Inevitable Reevaluation Of Best V. Taylor In Light Of Illinois' Health Care Crisis, Carolyn Victoria J. Lees
Northern Illinois University Law Review
In the 1997 Illinois Supreme Court decision of Best v. Taylor Machine Works, the court held that caps on non-compensatory damages violated the Illinois Constitution. However, in light of the current health care insurance crisis, the court may have to reconsider this issue. This article re-crafts the decision, ultimately arguing that caps are constitutional. The intention of the article is three-fold. First, the article attempts to bring greater attention to a growing problem that requires immediate addressing, while advocating a direct and administratively simple solution. Second, the article seeks to provide a historical overview of caps on non-compensatory damages relating …
Killing The Fatted Calf: Managed Care Liability In A Post-Pegram World, Karene M. Boos, Eric J. Boos
Killing The Fatted Calf: Managed Care Liability In A Post-Pegram World, Karene M. Boos, Eric J. Boos
Northern Illinois University Law Review
Over one hundred million Americans receive their health care benefits under some kind of managed care plan. At the heart of every managed care plan is an emphasis on cost containment. The courts traditionally protected the proprietary economic interests of managed care by holding that claims against managed care organizations and plan directors were preempted under the Employee Retirement Income Security Act (ERISA). This was done as a means of facilitating a better health care delivery system for Americans and in spite of the number of patients who suffered poor health consequences as a result of decisions by managed care …
Subrogation Of Personal Injury Claims: Toward Ending An Inequitable Practice, Keith E. Edeus Jr.
Subrogation Of Personal Injury Claims: Toward Ending An Inequitable Practice, Keith E. Edeus Jr.
Northern Illinois University Law Review
This comment examines the application of the principles of subrogation in the personal injury context. Current law in most states, including Illinois, allows insurance companies to recover their subrogation interests even when insureds have not been made whole. The author suggests legislative and judicial approaches for limiting the applicability of subrogation in such situations.
Should An Illinois Tenant Get The Benefit Of The Landlord's Insurance?, John Dwight Ingram
Should An Illinois Tenant Get The Benefit Of The Landlord's Insurance?, John Dwight Ingram
Northern Illinois University Law Review
This article examines whether a landlord's insurance coverage should extend to cover his or her tenant's personal property from loss or damage caused by the tenant's negligence. Although the courts are divided on whether to allow the landlord's insurer to recover from the tenant through the insurance contract's subrogation clause, the author argues careful and thoughtful lease drafting can avoid or eliminate liability issues between the landlord and tenant. Such drafting gives the courts a clearer picture of the exact relationship between the parties and who should bear the risks involved under a given set of circumstances.
Server Vs. Driver Liability: A Suggested Change To Reduce Drinking And Driving, Grant Pearson
Server Vs. Driver Liability: A Suggested Change To Reduce Drinking And Driving, Grant Pearson
Northern Illinois University Law Review
This article explores the two major approaches to liquor server liability currently being used in the various jurisdictions across the country. The article assesses the strengths and weaknesses of the alternative approaches and concludes that certain adjustments in the dram shop laws, coupled with additions to the insurance requirements and vehicle inspection program, will help to make drivers aware of the costs of drinking and driving, thereby reducing the incidence of drunk driving.
Federal Products Liability Legislation: Not The Cure For Worker's Compensation Ailments, Judith A. Schening
Federal Products Liability Legislation: Not The Cure For Worker's Compensation Ailments, Judith A. Schening
Northern Illinois University Law Review
An examination of the potential interaction between provisions in the proposed federal products liability legislation and existing state worker's compensation statutes, focusing on the resulting deviation from current law and the accompanying inequities to employers and their insurance carriers.