ISMIE Mutual Insurance Company

Mutual Interests

Initial Court Ruling Results in Reform Setback

On November 13, Cook County Circuit Court Judge Diane Larsen declared Illinois’ medical litigation reform law unconstitutional. The decision now proceeds to the Illinois Supreme Court for consideration – the next leg on the long road to sustained reform for the benefit of patients and physicians. A Supreme Court hearing date has not yet been set; it could be several months into the new year before the case advances.

In a news release, ISMIE Mutual Chairman Harold L. Jensen, MD, said: “We will fight to overturn today’s decision so that when the 2005 reforms are ultimately upheld by the state’s high court, doctors can once again look to Illinois as a good place to practice medicine. We eagerly wait for that day.”

Until then, ISMIE Mutual and the Illinois State Medical Society will actively take part in the battle to assure that medical liability reform is a permanent part of the state’s legal justice system. That includes ongoing collaboration with the expert litigation team representing ISMIE/ISMS, led by constitutional scholar and former U.S. Solicitor General Theodore Olson.

Advance reform with a united voice

Physicians are encouraged to take action to beat back the challenges from trial lawyer advocates by encouraging their colleagues and patients to stand united for litigation reform – and to urge their local and national legislators to do the same. To help keep awareness of this crucial patient issue in the public eye, go to www.realitymedicine.com to order posters and other materials for your patients and offices. Watch for further updates on this landmark decision of importance to Illinois physicians in ISMIE-news, delivered to your designated e-mail address every Tuesday. Not on the list? Sign up by sending an e-mail to e-news@ismie.com.

Announcement garners public attention

Upon Judge Larsen’s decision, statements from reform-minded and physician groups were published in various media outlets, getting supportive messages out to physicians, the public, lawmakers and the legal community:

“Getting rid of the … reforms now would be like benching your entire lineup in the toughest game of the season. We can’t afford to forfeit patients’ access to care.”
Rodney C. Osborn, MD, president, Illinois State Medical Society

“It is a common sense, reasonable law that should be upheld, and we are confident that the Supreme Court will uphold a very necessary reform to preserve our health care system.”
Ed Murnane, president, Illinois Civil Justice League

“This law is critically needed … and remains the most appropriate, meaningful and comprehensive solution to address the medical liability crisis.”
Ken Robbins, president, Illinois Hospital Association

“Today’s ruling is a step backward … as it once again puts patients’ access to care in jeopardy.”
American Medical Association