Challenge to Reform Law

“The state legislature made a very careful and deliberate effort to bring vital reforms to Illinois. Our legal team will use all available resources as we continue to make our case for upholding this crucial law.”

-Theodore B. Olson

In 2005, ISMIE Mutual was at the forefront of the charge to pass a meaningful medical litigation reform bill.We fought hard, together with our policyholders, and we won! We successfully put tort reform on the map in Illinois. The General Assembly passed this milestone legislation, and it was signed into law by Governor Blagojevich. This important law serves the citizens of Illinois in a critical way: It preserves patient access to health care and stops our valued physicians from leaving Illinois in favor of practicing in less litigious states.

Two years later, Illinois began to realize stabilized costs associated with medical malpractice cases and a reduction of frivolous lawsuits. Unfortunately, the new law was challenged by the trial lawyers, and on November 13, 2007, Cook County Circuit Court Judge Diane Larsen ruled the medical litigation reform law unconstitutional. This case is now headed to the Illinois State Supreme Court.

Taking a team approach toward reform
ISMIE Mutual will not stand by and allow this law to be overturned. We will fight to preserve what we know is necessary for the safety and health of the patients of Illinois. Working with the Illinois State Medical Society, we have assembled a crack legal defense team piloted by Theodore B. Olson, former U.S. Solicitor General and prominent constitutional scholar. We have also invited ISMIE’s competitors to make a long-term commitment to Illinois physicians by joining us in this fight through membership in the Illinois Civil Justice League.

“In 2005, Illinois lawmakers recognized health care shortages in Illinois due to an exodus of medical professionals triggered by out-of-control medical malpractice litigation. It’s a well-documented fact that reforms like these are working in other states. They attract more doctors and make health care more widely available,” said Mr. Olson.

Although the Circuit Court’s ruling is a considerable setback, rest assured that ISMIE Mutual is well prepared for the Supreme Court proceedings and is committed to stay in this fight for the long haul – for the sake of our loyal policyholders, their patients and all Illinois citizens.

Highlights of Judicial Reforms Contained in HB 475

Although certain disciplinary and regulatory items were included in the 2005 reform law, ISMIE was pleased with the bi-partisan spirit in which the law was passed and with the reforms that benefit doctors and patients:

$500,000 cap on non-economic damage awards for physicians; $1 million cap for hospitals.
Improvements to the affidavit of merit, including disclosure of consulting physician’s name and his/her expertise in the area of medicine that is the subject of the lawsuit.
Stronger standards for expert witnesses.
Allow use of annuities to pay for portions of the award for medical costs.
Good Samaritan immunity extended to retired physicians providing free care.
Physicians allowed to express grief and apology without the statement being used against them.