Decision Will Have Far-Reaching Effects
February 4, 2010
In a stunning 4-2 opinion handed down today, the Illinois Supreme Court ruled that Illinois' 2005 medical litigation reform, including a $500K cap for physicians on non-economic damages, is unconstitutional. The case that was the basis for this decision, Lebron v. Gottlieb Memorial Hospital, was brought by trial lawyer interests who suffered defeat when the bipartisan medical liability bill was signed into law more than four years ago.
As many of you will recall, this legislation was enacted into law when Illinois patients and physicians faced the most dire of circumstances -- physicians were leaving the state due to a hostile, out-of-control medical lawsuit climate. Many who stayed dropped high-risk specialty care, leaving patients to travel up to several hours and even across state lines to receive medical care.
This decision by the IL Supreme Court comes despite overwhelming evidence that strong medical liability laws, including a cap on non-economic damages, have proven to be extremely effective in other states by controlling costs and ensuring access to health care. A recent Congressional Budget Office (CBO) analysis affirms that medical liability reform would reduce national health care costs by $54 billion in the next decade.
Since Illinois’ passage of comprehensive medical liability reform in 2005, patient access to health care has expanded, frivolous lawsuits have decreased and previously soaring malpractice rates have dropped or leveled off for many physicians.
The Illinois Supreme Court's decision has undone the will of the people and will once again threaten patient access to care in Illinois.
ISMS and ISMIE Mutual will not allow this setback to deter us. We will continue to fight aggressively for fairness in the Illinois courts.
Please click here to visit our Reality Medicine site for comprehensive information on medical liability reform.
Please click here to view our news release.
Please click here to view the opinion and dissent.
Theodore B. Olson's Response to Illinois Supreme Court Decision
February 4, 2010
After lengthy consideration and debate, the General Assembly concluded that the Reform Act was necessary to address a well documented, pressing health care crisis caused by out-of-control medical malpractice litigation. Unfortunately, the Illinois Supreme Court has invalidated that legislation. We continue to believe that the General Assembly followed the Illinois Constitution and prior guidance from the Court in adopting the legislation, consistent with the approach taken by dozens of other states in capping non-economic damages. We are disappointed that the Illinois Supreme Court concluded otherwise.
Supreme Court Decision Delayed
December 17, 2009
The Illinois Supreme Court has delayed issuing its ruling on Lebron v. Gottlieb Memorial Hospital, the case brought by trial lawyers to challenge ISMS and ISMIE Mutual-backed medical liability reforms that became law in 2005. The state’s high court had earlier this week included the case in its list of “anticipated opinions” for today, December 17, 2009, along with eight other unrelated cases. While the eight other opinions were indeed issued, Lebron was not filed for public release. The court gave no reason for delaying the LeBron ruling, nor did it indicate a future timeline for its release.
The Illinois Supreme Court has adjourned for the year and future opinions will likely not be issued until mid-January. We will keep you up to date as events unfold.
Click here to see the Chicago Tribune's coverage of the delayed opinion.
The Constitutional Challenge Continues;
Oral Arguments Set for November 13th
October 29, 2008
The next step is now clear as we continue on the path to preserve our hard-won medical liability reforms. Oral arguments before the Illinois Supreme Court will be heard on November 13th in Springfield, IL. Heading up defense of this crucial state law is the office of Illinois Attorney General Lisa Madigan. Former U.S. Solicitor General and legal scholar Theodore Olson will speak on behalf of the physicians of ISMS and ISMIE Mutual.
We will keep you updated as developments unfold.
For more information on the constitutional challenge, please continue checking the page for updates.
Thank you for your continuing involvement and support.
Constitutional Challenge Update
July 1, 2008
The Constitutional Challenge:
Summary of Legal Briefs Submitted in Defense of Illinois’ Medical Liability Reform Law
Doctors file Illinois Supreme Court Brief:
"Keep Medical Lawsuit Reforms, Preserve Patient Access to Care"
May 8, 2008
ISMS and the American Medical Association today filed a joint amicus brief asking the Illinois Supreme Court to preserve Illinois patients' future access to medical care by upholding the state's 2005 medical lawsuit reform law.
Also filed today was a brief authored by former U.S. Solicitor General and legal scholar Theodore Olson on behalf of the physician defendants in the three underlying medical malpractice cases being used to challenge the law. Other pro-reform briefs were also expected to be filed today.
No date has yet been set for oral arguments on the constitutionality of medical liability reforms. As always, we will keep you posted with all updated information.
View relevant documents including a copy of the press release and links to the legal briefs at RealityMedicine.com.
MORE ROADBLOCKS ON JUDICIAL TRAIL
Judge rules in favor of plaintiffs; refuses to "stay" reform law until high court review
March 31, 2008
There is new activity as we continue the journey to preserve critical medical liability reforms in Illinois. On March 10th, Cook County Court Judge Diane Larsen ruled against our request for a delay in enforcement (known as a "stay" in legal terms) of her order declaring the law unconstitutional. This signals the circuit court's unwillingness to keep the law in place, even temporarily, until high court review. While this adverse decision technically affects only the individual lawsuit to which it pertains, it may be considered a precedent by some Chicago area civil courts.
The deadline for legal briefs on the constitutional case is set for the first part of June. ISMS and ISMIE Mutual will be filing briefs, to which the plaintiff will respond. We will then have two weeks to prepare our rebuttal. The entire briefing process could last two to three months, from start to finish.
On the educational front, ISMS and ISMIE Mutual are producing a series of radio ads to air around the state. Their purpose is to heighten public awareness on the important issue of medical liability and its potential consequences for patient access to medical care. Visit www.realitymedicine.com to hear these ads or for more information, including news releases, posters, or a copy of our Reality Medicine issue booklet.
We will, of course, continue to provide updates. Thank you for your involvement and support.
Medical liability reform remains a top advocacy priority for the American Medical Association (AMA). Financial support being provided by the AMA to ISMS for its Reality Medicine campaign is part of the AMA's ongoing advocacy effort. Together we are stronger.
Unfavorable First Step for Physicians and Patients
Trial Judge: medical litigation reforms are "unconstitutional"
November 13, 2007
Today, Cook County Court Judge Diane Larsen issued her decision that Illinois' medical litigation reform law is unconstitutional. The appeal now proceeds directly to the Illinois Supreme Court.
As previously noted, this trial court ruling is only the first step in the process of court review of the law. This battle is far from over and your help is needed more than ever! It is critical to keep this issue alive. Please educate your patients so that, together, we can continue the fight to KEEP DOCTORS IN ILLINOIS!
For more information, including a copy of our news release on the ruling, posters, or a copy of our Reality Medicine issue booklet, please click here. Or call the department of governmental affairs at 800-782-4767.
Medical liability reform remains a top advocacy priority for the American Medical Association (AMA). Financial support being provided by the AMA to ISMS for its Reality Medicine campaign is part of the AMA's ongoing advocacy effort.
Together we are stronger.
Legal Battle, Round One: Trial Court to Rule Tuesday on Tort Reform Constitutionality
November 07, 2007
As promised, we are keeping you up to date with all things related to the constitutional challenge to our hard-won medical liability reform law.
Cook County Circuit Court Judge Diane Larsen has posted a Tuesday, November 13, 2007 hearing date, at 11:30 a.m., for release of her ruling on the constitutional challenge. At that time, the trial court will announce its decision on the case and accompanying motions.
It is important to keep in mind that this ruling is just one step in what will be a long journey.
Once the initial decision is released, ISMS and ISMIE Mutual will issue an update, with a summary of the ruling and what it means for the patients and physicians of Illinois. We are fortunate to have as our advocate noted constitutional scholar and former U.S. Solicitor General Ted Olson, who will guide us through the entire court challenge process.
Whatever the ruling, Judge Larsen's decision will likely spark immediate appeal to a higher Illinois court.
For additional information, please contact the department of governmental affairs at 800-782-4767 or visit us at www.realitymedicine.com
Medical liability reform remains a top advocacy priority for the American Medical Association (AMA). Financial support being provided by the AMA to ISMS for its Reality Medicine campaign is part of the AMA's ongoing advocacy effort. Together we are stronger.
Medical Liability Reform Ads Appear in Papers Statewide
September 19, 2007
Be sure to pick up a newspaper today (September 19th). ISMS, the AMA and ISMIE Mutual are running print advertisements to highlight the recent two year anniversary of medical liability reform in Illinois. The ads serve as a reminder to Illinois citizens as to why Illinois desperately needed medical liability reform. We cannot let trial attorneys erode the protections physicians and patients fought so hard to enact.
Ads also appear in these newspapers.
Alton Telegraph |
Belleville News Democrat |
Bloomington Pantagraph |
Carbondale Southern Illinoisan |
Centralia Morning Sentinel |
Champaign News-Gazette |
Chicago Daily Law Bulletin |
Chicago Sun-Times |
Chicago Tribune |
Daily Herald |
Danville Commercial News |
Decatur Herald & Review |
Effingham Daily News |
Joliet Herald News |
Moline Dispatch/Rock Island Argus |
Pekin Daily Times |
Peoria Journal-Star |
Quincy Herald-Whig |
Rockford Register Star |
State Journal Register |
If you do not have access to any of these papers, the ads are also be posted online.
Constitutional Challenge: Round One
September 19, 2007
On Monday, (9/17), Cook County Circuit Court Judge Diane J. Larsen heard arguments made by attorneys representing plaintiffs and defendants in LeBron v. Gottlieb Memorial Hospital et al.
Arguing against the constitutionality of 2005 medical liability reforms, plaintiffs alleged the Illinois General Assembly did not have a "rational basis" for enacting the law. According to plaintiffs, the General Assembly relied upon a "mishmash of contradictory material" - including studies by both the federal government and the AMA - to determine the need for reform. Plaintiff lawyers also argued that a previous Illinois Supreme Court decision, Best v. Taylor Machine Works, which overturned a 1995 reform law limiting non-economic damages in personal injury actions, still sets precedent in regard to LeBron.
Next, defense attorneys highlighted medicine's arguments supporting the 2005 reforms. The ISMS/ISMIE Mutual legal team argued the state legislature did indeed have a "rational basis" for the 2005 reforms. Doctors were leaving Illinois, and the public's access to medical care was endangered. They referenced specific provisions of the 2005 reforms as demonstrating a "rational basis" for the law's enactment, and identified several court decisions, subsequent to Best v. Taylor Machine Works, which ruled the state legislature can enact laws limiting damages in civil lawsuits. Therefore, it was noted, Best is not the definitive legal authority.
Upon conclusion of the arguments, Judge Larsen scheduled a case management conference for mid-October. She will issue a written opinion at some point thereafter.
We will of course update you frequently. For more information, please visit
www.realitymedicine.com or call the ISMS department of governmental affairs at 1-800-782-4767.
Medical liability reform remains a top advocacy priority for the American Medical Association (AMA). Financial support being provided by the AMA to ISMS for its Reality Medicine campaign is part of the AMA's ongoing advocacy effort. Together we are stronger. |
Heads Up... Reforms Under Attack!
August 29, 2007
Happy Anniversary! Two years ago this month, historic medical litigation reforms became the law of the land in Illinois. This is the first in a series of Reality Medicine e-updates, focused exclusively on developments in the legal battle to preserve our hard-won reform law.
The good news: These reforms have already sparked a fledgling turn-around in Illinois' medical litigation environment. Med mal premiums for physicians have stabilized and appear to be trending downward. The insurance marketplace is beginning to expand. For ISMIE Mutual, claims frequency ebbed by some 20-plus percent in 2006, and a newly announced dividend plan will share with policyholders the savings from reform.
The bad news: As expected, trial lawyers have moved aggressively to challenge the reforms in court. Over the course of the last year, three separate lawsuits took aim to completely derail the law. The first legal salvos are due to be launched September 17th, when the challenge receives an initial hearing in the Cook County Circuit Court's Chancery Division. Both sides have filed legal briefs.
See the August 2007 Illinois Medicine EXPRESS or the September 2007 Mutual Interests for a comprehensive update on the challenge. View this material and more on www.realitymedicine.com.
For further information, please contact the department of governmental affairs at 1-800-782-4767, or e-mail us at govt@isms.org.
Illinois Physicians thank the American Medical Association for their generous financial support for the Reality Medicine initiative.