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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.
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 …
Doctors, Duties, Death And Data: A Critical Review Of The Empirical Literature On Medical Malpractice And Tort Reform, Geoffrey Christopher Rapp
Doctors, Duties, Death And Data: A Critical Review Of The Empirical Literature On Medical Malpractice And Tort Reform, Geoffrey Christopher Rapp
Northern Illinois University Law Review
Much of the debate on medical malpractice and tort reform ignores the recent emergence of a fairly substantial volume of empirical research on the subject. There have been a large number of empirical (i.e., statistical) papers put out from law professors, economists, and others, on a number of medical malpractice and tort reform topics. This article consists of critical literature review covering selected empirical papers on these topics. The paper asks what malpractice practitioners, state legislatures, and legal academics learn from the data work that's been done. Rather than report the results of any original data analysis, the article evaluates …
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 …
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 …