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Further Evidence That Tort Reform Does Not Work

Here in Illinois the legislature passed the Medical Malpractice Reform Act of 2005.  The MMRA caps damages and contains other relief that benefits nobody but the state’s insurance companies.

In neighboring Indiana they have tort reform also.  Claimants are required to present their cases to a medical review board composed of “independent” doctors.  These doctors pass judgement on the merits of a case before a plaintiff can file suit.  The cost in terms of time and money is an onerous one for litigants who have been legitimately injured by a physician or hospital.

Case in point, the estate of an Indiana woman received an award from an Indiana Malpractice review panel that has taken almost 5 years to reach a decision in his case.  The matter involves Indiana doctor Mark Weinberger who gained noteriety several years ago when he fled the country to avoid his creditors and malpractice claims.  The victory is bittersweet in that Indiana law has allowed bankers to get to Dr. Mark Weinberger’s assets before his patient, who will now have to wage another legal battle in hope of receiving a judgment capped by tort reform laws at $1.25 million.

This is just another example of how devastating tort reform laws can be to a consumer who is the legitimate victim of a doctor’s negligence.