In the wake of the devastating three part series in this week’s Chicago Tribune exposing Chicago and Illinois nursing homes and their practice of housing sex offenders and convicted felons with regular patients, Patrick Quinn, the Governor of Illinois, has announced the formation of a high level task force to…
Articles Posted in Legislation
Illinois Law Protects Brain Injured Children’s Right To File Lawsuits
In Illinois there is a stautue of limitations on medical malpractice claims which generally prohibits filing of a lawsuit two years from the date of malpractice or two years after the malpractice is discoverd. The statute of repose sets an outside tail date for filing such claims after four years…
Black Chicago Area Nursing Home Residents Get Worst Care In The Nation
A study prepared by the Chicago Reporter shows that black Chicago area nursing home residents receive the worst quality care in the country. There is just one nursing home in the Chicago area rated excellent by the federal government where the majority of the patients are black. These homes have…
Does Medical Malpractice Reform Belong In The Healthcare Debate?
What does reforming medical malpractice have to do with the current health care reform debate that is a hot topic in Washington and here in Illinois? Not much, at least according to one ranking United States Senator. “I honestly really don’t see this as a health care issue,” said Sen.…
Capping Medical Malpractice
How do we cap medical malpractice without capping medical malpractice awards for those patients who are injured by the negligence of doctors. Everyone agrees that the health care system in the United States is in need of a drastic overhaul. The key is accomplishing an overhaul without further abridging the…
Medical Malpractice In The Military Revisited
On March 26, 2009 we reported on the efforts of one family to have the Feres doctrine legislatively overturned. If you recall the Feres doctrine prohibits an active member of the United States military from suing the an Army hospital for medical malpractice. This prohibition on medical malpractice suits brought by members…
Damages Caps Do Not Lower Health Care Costs For Consumers
One of the principal arguments backers of tort reform use to justify damages caps is that increased insurance premiums have an adverse effect on health care costs that are passed on to the consumer. This argument persists in spite of the fact that there is little or no evidence that…
Medical Mistakes: How The UK Is Taking Steps Toward Transparency
Sadly, medical mistakes continue to be one of the leading causes of death in the United States. There are close to 100,000 preventable deaths a year in America making medical errors the fifth leading cause of death in our country. A culture of shame and a lack of accountability often times…
California Medical Malpractice Settlement Illustrates Arbitrary Nature Of Caps On Damages
Five medical malpractice cases pending in California settled this week for a sum of $1 million. The settlements arise out of improper patient care that occured at a Northern California kidney transplant center that has been at the center of a controversy revolving around a poor record of patient care.…
Colorado Contemplating Raising Medical Malpractice Caps
Glori Anne Scott of the Examiner.com wrote an excellent piece in support of the Colorado Legislature’s recent attempts to raise statutory caps on medical malpractice cases in that state. Her explanation applies to counter the arguments of tort reformers everywhere. While it will likely be a long and difficult battle to…