Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
The Fleecing Of Seriously Injured Medical Malpractice Victims In Illinois, Frank A. Perrecone, Lisa R. Fabiano
The Fleecing Of Seriously Injured Medical Malpractice Victims In Illinois, Frank A. Perrecone, Lisa R. Fabiano
Northern Illinois University Law Review
The Supreme Court of Illinois has twice held that caps on damages are unconstitutional. In 1976, the court held in Wright v. Central DuPage Hospital Association that a cap on damages in medical malpractice cases constitutes special legislation in violation of the 1970 Illinois Constitution. Twenty-one years later, in Best v. Taylor Machine Works, the court held that a cap on non-economic damages in bodily injury and death cases is special legislation as well as a violation of the separation of powers clause. Despite these clear precedents, last year Governor Rod Blagojevich capitulated to public pressure manipulated by the powerful …
Why Medical Malpractice Caps Are Wrong, Patrick A. Salvi
Why Medical Malpractice Caps Are Wrong, Patrick A. Salvi
Northern Illinois University Law Review
In recent years, many states have passed legislation limiting the amount of recovery in medical malpractice cases. One primary purpose behind these caps is to lower medical malpractice insurance premiums. Unfortunately, damage caps neither reduce malpractice premiums nor prevent premium increases. In addition, damage caps neither lower consumer health care costs nor prevent frivolous litigation. Even worse, damage caps prevent victims of malpractice from being fully compensated for damages they received as a result of another's negligence. Not only are damage caps incapable of effecting tort reform, but they have a catastrophic effect on those victims, who receive unfair and …
Things To Do (Or Not) To Address The Medical Malpractice Insurance Problem, Edward J. Kionka
Things To Do (Or Not) To Address The Medical Malpractice Insurance Problem, Edward J. Kionka
Northern Illinois University Law Review
The article begins with an overview of the tort reform problem; federal vs. state level reform; a history of tort reform in Illinois; current Illinois law (prior to P.A. 94-677) specific to medical malpractice cases or that particularly impacts those cases; discussion of prior caps and the cases holding them unconstitutional; discussion of P.A. 89-7, which was held unconstitutional in the Best case; discussion of the 2005 legislation (P.A. 94-677) and whether it is constitutional; and finally, "where do we go from here," which includes my ideas for reform that build on the reforms already in place. An appendix includes …
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 …