ISMIE Mutual Insurance Company

Mutual Interests

Let’s Lasso Litigation Reform Once and For All

Mutual Interest Our state’s hard-won medical litigation reform law has begun its trek toward permanence, and is now on its way to the Illinois Supreme Court for an official hearing to determine its validity. With confidence, the expert ISMIE Mutual/ISMS legal team is shepherding the law every step of the way. At press time, results from a status hearing are expected.

In the meantime (and for the long term), opinion leaders and our patients need to hear loud and clear why the law must stand, and should consider these “before and after” points.

BEFORE litigation reform	AFTER litigation reform
Competing medical liability insurers leave the state.	Competing medical liability insurers enter the state for the first time.
Claims against physicians continue meteoric rise.	Claims against physicians decline by more than 20%.
Awards in medical liability cases continue upward climb.	Awards in medical liability cases still rising, but at slower pace.
Physicians leave the state for greener pastures, leaving some communities without certain specialists, such as neurosurgeons and OB/Gyns.	Physician recruitment improves at some Illinois clinics and hospitals.
Access to health care services declines in some areas of the state.	Access to health care services shows signs of improvement in some communities.
Liability insurance rates increase rapidly.	Average liability insurance rates hold steady or decrease.
Existing Illinois insurance carriers hesitant or unable to take on new business.	ISMIE’s new business moratorium lifted on partial basis.
Policyholder dividend programs a rarity in Illinois.	New dividend plan implemented for ISMIE policyholders.

“It’s up to citizens, physicians and reform-minded groups, including ISMIE, ISMS and the Illinois Civil Justice League (ICJL) to help keep this crucial issue in the forefront,” said ISMIE Mutual Chairman Harold L. Jensen, MD. “Illinois’ litigation problems are far from over. Sustained public attention enabled us to achieve reform, and only sustained public attention will empower patients to continue demanding a balanced litigation system that protects their legal rights and their access to medical resources.”

Circling the wagon to protect our law

Going a step further, ISMIE has reached out to competing medical liability insurers, asking them to join forces and partner with us in the medical litigation reform effort. In letters to the leadership of these business competitors, Dr. Jensen stated, “It is essential that we all work to promote a balanced medical liability climate and protect the fragile gains made to date. I hope that you will join in this long-term effort to build a better climate for the patients and physicians of Illinois.” The letter recommends membership in ICJL, and encourages other insurers to join the coalition to work together for fairness in the Illinois civil justice system.

Physicians, too, can help keep reform law sustainability top-of-mind by:

Staying informed through updates at www.ismie.com, ISMIE-news and Mutual Interests.
Encouraging citizen awareness by uploading reform posters at www.realitymedicine.com and requesting “Keep Doctors in Illinois” wristbands by e-mail to JohnMaszinski@isms.org.
Supporting lawmakers who are friends of medicine and voting for candidates who support litigation reform.
Learning more about the issues at www.ICJL.org.