Madison County, Illinois, has been the subject of ridicule for a medical malpractice crisis. There is no crisis and never has been.
Over the past 10 years, there has been an average number of 5 medical malpractice cases each year that go to trial in Madison County, Illinois, and the significant majority of them result in verdicts for the physicians and hospitals. Unfortunately, this is far less than the perception of the public.
Why are there a limited number of medical malpractice cases filed? Under Illinois law, a case must be reviewed by a physician in the same field as the Defendant doctor or hospital, and this costs money - usually several thousand dollars. Most of the time, the review shows no malpractice - resulting in a loss to the client or attorney. In order to file suit, a physician's affidavit explaining the malpractice must be attached to the complaint. 
Once the claim is filed, the doctor or hospital will begin defending the case. The insurance companies for the doctors and hospitals normally have the case reviewed by a board of physicians, compred of 25 or more physicians. All of them will render an opinion as to whether or not there is malpractice and advise the insurance company of their opinions. Even if there is a consensus of malpractice, the physicians generally have the final say on whether or not to admit malpractice and pay the claim. They rarely do - sometimes out of ego.
For clients and Plaintiffs attorneys, the risk is great. The cost of hiring expert physicians is great, ranging between $20,000 and $50,000 to prosecute one case. A loss at trial means these costs will not be recovered.
Due to the risk and expense of these claims, small claims are cost prohibitive. Generally, there needs to be significant injury, such as a wrongful death, and clear liability. If liability is not clear, insurance companies will not pay. Moreover, juries will not find for a Plaintiff in a close case - they always side with the doctor or hospital.
For these reasons, no frivolous claims are made. Most personal injury attorneys will not handle this type of claim. Further, there are only a limited number of attorneys who can afford to prosecute this type of claim, and spend the significant time required to research the medicine and work with experts.
The fact of the matter is that medical errors occur in Madison County, Illinois, as well as across the country. The national trend of increasing deaths due to medical accidents is a fact. Hearst newspapers have recently reported that the rate of these deaths has increased since 1999. This figure is appalling.
The effect of malpractice on families can be great. Victims can be affected for the rest of their lives. Patients are entitled to good patient care, and medical malpractice claims keep physicians and hospitals in check.
Continue reading "There Is No Medical Malpractice Crisis In Madison County, Illinois " »
On Thursday, the Illinois Supreme Court overturned a five-year old ruling that limited the amount patients could receive from medical malpractice cases. Previously, the law allowed jury awards of up to $500,000 against doctors and $1 million against hospitals for non-economic damages (such as pain, suffering, loss of companionship, etc). In its 4-to-2 decision, the court stated the law was a violation of the states separation of powers because legislators were imposing decision that should be left up to judges and juries. 
