Illinoisans’ access to health care hangs in the balance
The availability of health care in Illinois hangs in the balance of the legal system of Illinois. The Illinois State Supreme Court is currently reviewing Lebron vs. Gottlieb Memorial Hospital and will rule on the constitutionality of the Medical Malpractice Reform Act of 2005. The decision will not be affected by letters, telephone calls, emails or Letters to the Editor.
If the law is overturned, we will revert to the state of affairs that existed in 2004, when our two counties had lost approximately 170 physicians through early retirement and relocation.
We lost not only obstetricians and neurosurgical services, but primary physicians, as well. A few physicians have moved to this area, but we still have a critical shortage.
Public awareness and judicial reforms have helped. However, if the Court overturns the law, there will again be no limits on non-economic awards, such as pain and suffering. The result will be: increased numbers of cases filed; out-of-court settlement of cases in which there was no neglect; increased risk for malpractice insurance companies; escalating malpractice premiums; decreased health care services available to people in Illinois; and adverse effects on the overall economy.
We cannot affect the Supreme Court’s ruling, but the public needs to know what the effect of this ruling will be. We hope that the scales of justice will balance in favor of the general welfare of the people of the State of Illinois, and not return us to the chaos of 2004.
Robert F. Hamilton M.D.
Godfrey
That is indeed a scary proposition, Dr Hamilton. I have family in rural Illinois who’ve been adversely effected by the loss of practitioners in that state. I’m wondering though if physicians and other health care providers might not be able to demand a certain degree of immunity from rampant litigation as part of a bargain for Obamacare?
Most health care providers are not looking for immunity. What they are looking for is common sense limits to damages that are not backed up by facts.
Without limits, anyone can bring any frivilous suit they please hoping for an out of court settlement from the malpractice insurance company because it’s cheaper for the company to settle. In this senario the only winners are the lawyers.
Yes, how many ambulance chasing attorneys have waited outside of hospital delivery rooms just waiting for a baby to be born with ANY abnormality - then they convince the mother that it’s the hospital’s fault that their baby has Cerebral Palsy or some other common birth defect that can be attributed to any number of factors - not just the OB who delivered the baby.
Malpractice attorney’s and the greedy people they represent are the main cause of the meltdown of our health care system, and they are also responsible for the outlandish premiums we have to pay.
I’m not against legitimate litigation for concrete cases of malpractice, but when these bloodsucking lawyers sue for vague diseases or abnormalities with no real proof of negligence, it borders on criminal. Lawyers know that most MD’s will settle out of court because it’s cheaper than being dragged into a court case costing millions, and the potential ruination of the reputation of the doctor being sued.
Tort reform is the only way to fix the health care system. But try telling that to the House of Representatives and Senate - where 99 percent of them are lawyers.