New Tort Reform Report Naming Cook County a 'Judicial Hellhole' Recycles Old Myths, Says Chicago Medical Malpractice Attorney
Illinois medical malpractice lawyer Patrick A. Salvi says ATRA report wrongly connects medical negligence litigation to healthcare costs and physician shortages.
Chicago, Illinois (PRWEB) December 21, 2010
Cook County received a No. 5 ranking in a national tort reform group’s “Judicial Hellholes” report, but the group’s reasons for the distinction are way off the mark, Chicago medical malpractice attorneyPatrick A. Salvi says.
“This report recycles old arguments that try to connect medical negligence litigation to rising healthcare costs and physician shortages,” says Salvi, a member of the Illinois personal injury law firm of Salvi, Schostok & Pritchard P. C. and an adjunct instructor at the University of Notre Dame School of Law.
“Study after study has exposed those arguments for what they are – myths,” Salvi says.
This marks the sixth straight year that Cook County, Illinois, has received the “Judicial Hellhole” label from the American Tort Reform Association, a nonprofit group based in Washington, D. C.
The report singled out a Cook County judge’s ruling that struck down a legislative limit on pain and suffering damages in medical liability cases, which the Illinois Supreme Court upheld in February.
According to ATRA, the decision in the case, Lebron v. Gottlieb Memorial Hospital, will result in a rise in medical malpractice claims, higher insurance premiums and an “anti-doctor” climate that will drive physicians out of the state. As a result, the report said, “residents’ access to affordable health care” would be diminished.
Salvi, however, points to a U. S. Congressional Budget Office finding that malpractice costs account for less than two percent of the nation’s health care spending.
He also says a February 2010 report from the American Association for Justice, which cites the American Medical Association’s own data, showed that the number of physicians per 100,000 residents was actually 21 percent higher in states without caps on medical liability damages than in states with caps.
Additionally, a 2006 study by the Harvard School of Public Health found that cases involving actual medical errors were compensated less often than cases where no error existed.
The researchers examined 1,452 claims from five malpractice insurance companies across the country and focused on four clinical categories: Surgery, obstetrics, medication and missed or delayed diagnosis.
In 16 percent of the cases, claims went unpaid even though the patient’s injury had been caused by a medical error, while in only 10 percent of the cases, claims were paid that did not involve an actual error. Overall, 72 percent of the cases that did not involve an error did not receive compensation.
“As that study showed, frivolous lawsuits are rare, and meritorious medical malpractice claims aren’t the problem,” Salvi says. “These tort reform groups seem to suggest that the best way to cut the cost of medical errors is to place caps on damages or throw out meritorious lawsuits. That’s wrong. If you want to reduce costs, reduce medical errors.”
In addition to Cook County, two more Illinois counties were named in ATRA’s “watch list” – Madison County and St. Clair County – while McClean County, Illinois, was listed among “other areas to watch.”
About Salvi, Schostok & Pritchard P. C.
Salvi, Schostok & Pritchard P. C. is a leading Illinois personal injury law firm with offices in Chicago and Waukegan. The firm focuses on medical malpractice, personal injury and wrongful death cases, including car and truck accidents, airplane and train accidents, construction injuries, faulty products, birth injuries, brain injuries, unsafe properties and animal attacks. The firm’s success in personal injury, accident and wrongful death cases includes more than 160 multi-million dollar verdicts or settlements. A number of these settlements and verdicts are among the largest of their kind in the state of Illinois. To learn more about Salvi, Schostok & Pritchard P. C., call (847) 249-1227 or use the firm’s online form.
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