By Allen Adomite
If you weren’t a Metro-East resident and you were reading your first articles on the medical liability crisis this past week, you would think that Democrats were accusing Republican lawmakers of holding up legal reforms. After nearly two years of silence, denial and objections, most Metro-East Democrat legislators have jumped across the fence to join their Republican colleagues in calling out for reforms.
The irony, especially in context and under the backdrop of President Bush’s visit today to Collinsville, is that Belleville Congressman Jerry Costello (D) is now leading the charge. According to the St. Louis Post-Dispatch’s article, Costello says that “tort reform is badly needed,” however he contends – as many lawmakers in both parties agree – that the solution lies in a more comprehensive form.
Early in the debate for liability reform, many Democrats wouldn’t even address the crisis and openly disputed any need for action. Republican Senators Frank Watson and David Luechtefeld, as well as Representative Ron Stephens and Congressman John Shimkus, have all sponsored forums and/or encouraged public debate. Democrat representatives would only meet secretly with physicians in 2003, and conversations about caps on non-economic damages were off-limits.
Then, Democrat state Senators Bill Haine and James Clayborne stepped up and introduced legislation that ultimately won passage in the State Senate, only to fall victim to a lack of sincere consideration in the House. After a brief consideration of an amendment that would include caps on non-economic damages, House Speaker Mike Madigan ripped the bill from the House floor and buried it for the Summer.
Fast forward through a November election in which voters expressed the need for sweeping judicial and legal reforms for the Metro-East, and politicians are now falling over themselves to express sincere concern for their medical brethren.
Costello has now expressed support for three major reforms touted by “tort reformers,” including:
- Capping non-economic damages
- Setting up a mediation system to quickly eliminate frivolous suits
- Reigning in the practice “forum shopping,” which has increased the number of suits in Metro-East jurisdictions
In fact, if lawmakers would consider adding caps on non-economic damages to many of the proposals put forth in the Haine-sponsored House Bill 4847, a real solution to Illinois’ medical liability problems might be reached. This is the action that Democratic House leaders were unwilling to consider last June.
One can only wonder what could have happened if anti-insurance groups had not taken personal shots at ISMIE--the state’s largest medical malpractice insurer--and doctors themselves last Spring. Over the past three years, critics have blamed the medical malpractice premium increases on bad stock market investments (a factor proven false through an analysis of ISMIE’s investment portfolio), critics have blamed the increases on a small group of “bad doctors” (an assertion proven false by ICJL’s study of medical malpractice filings), and now critics have blamed massive errors by the medical industry (national statistics that still fail to describe why the metro-east is crisis prone and not the country as a whole).
Meanwhile, the crisis has only grown. As Congressman Costello was quoted by the Post-Dispatch last week: “There is a definite problem with physicians leaving, not only the Metro East, but now all over the state of Illinois.”
Furthermore, investigation by Post-Dispatch reporter Paul Hampel has introduced new questions about asbestos litigation in Madison County, which--even the Post-Dispatch says--needs a state or federal solution. This investigation parallels a March 2004 Chicago Tribune study of 300 class action suits--including many in Madison County-- which spurred the Tribune to conclude “when cases with national implications are steered to plaintiff-friendly state jurisdictions--places like Madison County--the results can create injustice.”
So when President Bush takes the stage at the Gateway Center today, perhaps citizens, voters, lawyers, doctors, businesses--and most importantly--legislators should all take a look at what independent newspapers have been saying and supporting for more than two years now: Sensible reforms to promote better justice for everyone involved in Illinois’ courts is warranted, overdue, and only stands to improve our civil justice system.
About the Author: A native of Madison County, Allen Adomite is the Director of Government Relations for the Illinois Civil Justice League and the author of ICJL Blog.
Editor's Note: I've written a response to this post, which can be found here--Evan Schaeffer.
Get to know about Texans for Lawsuit Reform, a statewide tort reform organization dedicated to bringing fairness and balance back to Texas' civil justice system from the official site of the Co-Founder and Chairman of TLR , Mr DICK WEEKLEY
Posted by: Shawn Henry | July 03, 2006 at 03:37 AM
Judicial Hellholes and their findings:
Judicial Hell holes are the most sought after places of the litigation tourists. Such places have a disproportionate impact on the civil litigation. These tourists approach such places, guided by the personal injury lawyers, in search of a positive outcome like an excessive verdict or settlement, a favorable precedent, or both.
In the year 2005, six Judicial Hell holes have been identified. These being Rio Grande Valley and Gulf Coast, Texas; Cook County, Illinois; West Virginia; Madison County, Illinois; St. Clair County, Illinois; and South Florida. There have been few which are on the watch list for the possibility of becoming Judicial Hellholes in near future. These are mainly due to the negative developments taking place in the litigation environment of these areas. Such areas include California; Eastern Kentucky; Eastern Alabama; Philadelphia, Pennsylvania; New Mexico; Delaware; Oklahoma; Orleans Parish, Louisiana; and Washington, D.C.
The Judicial Hell Hole designation is attributed to a number of factors. These include prevalence of forum shopping, the willingness of courts to expand liability through novel legal theories, discovery abuse, improper certification of class actions, the proliferation of junk science, strong alliances between plaintiffs' lawyers, judges and attorneys general, and the uneven application of evidentiary rules. Abusing consumer protection acts also have led to a flood of litigation in certain jurisdictions. Such Judicial Hellholes are a shame for the entire Judiciary System and can totally destabilize the economy.
Texans for Lawsuit Reforms have been active in transforming such Judicial Hellholes through reforms which make the judicial system, equally fair and balanced to everyone in the society. Founded by Dick Weekley the organization’s objective is to restore litigation to its traditional and appropriate role in our society.
Posted by: Jack | October 16, 2006 at 02:04 AM