But Will It Hold?

The voting is now done, and as of yesterday late, medical liability reform has passed both houses of the General Assembly. Senators Brady and Watson, as well as Reps Mitchell and Flider ALL voted for this bill. Baloneyvitch is expected to sign it, as he had promised.

But the larger question still remains. Will it hold? On three previous attempts the state of Illinois has had tort reform bills go through, but each had been struck down by our Supreme Court as being unconstitutional. According to sources at ISMS, the "problems" with previous bills have been removed, and the probability that this law will be called unconstitutional are slim. However, critics of the law think that there will be another unconstitutional judgement, and that all this work has really been just a charade to make Illinois Democrats look good to their constituents.

People close to me who are high up in the ISMS have re-assured me that this law has a very good chance of making it through the courts if challenged. However, republican sources claim that the liberals will still act to bring this law down by legislating from the bench as they have done in the past, so we will have to wait and see.

In other words, as far as this story goes, we are still in the "rising action" phase, and will not reach the climax of this story until a Supreme Court ruling is given out, one way or the other.

Until then, we can at least celebrate we have tort reform....for now.

Bill Millionaire

From the "Placebo Journal" (click to enlarge)

Well, no vote yet, looks like we're going into "overtime." With the most recent bill to reach the general assembly, meaningful tort reform is in our grasp.

After deals were made between the two parties, SB 475 is waiting to be called. If passed, Gov. Blagojevich has promised he would sign it. If signed (notice there are a lot of 'ifs') meaningful tort reform may come to Illinois, and hopefully the above scenario may be avoided.

More to come once the vote gets called. (I'm not holding my breath.)

Another Source of Information

I was doing a little surfing, and found a new website for information about tort reform in Illinois.

The name of the group is the Illinois Civil Justice League, and they do have a website. However they also have a blog on blogspot. The URL is:

www.icjl.blogspot.com

Check them out! And checkout out the linked cartoon:

http://www.belleville.com/images/belleville/belleville/11685/136549635335.jpg

Keep your eye on the vote!

And The Circus Goes On

Friday is the deadline...maybe. The Illinois General Assembly is set to adjourn on Friday, but if meaningful tort reform bills do not get voted on, the legislators may get called into overtime.

Will Illinois lawmakers actually pass a good bill? And if so, will our governor sign it? And then, will the Illinois Supreme Court leave it alone, or call it unconstitutional? (The answer to the last question appears to be that the bills, both House and Senate versions, as currently worded [before amendments*] would pass the test with the Supreme Court, as per the writer of the decision that deemed the last law's wording unconstitutional.)

The bigger question is, are some lawmakers voting for these bills in an effort to appear to their constituents that they are "on their side," when in reality they know that someone else is going to sink the bill later?

My prediction: Someone is going to stall, someone is going to keep adding bogus amendments, someone is going to do something, and the General Assembly will adjourn without a vote. The spin will be, "We tried and tried, but it was not our fault!! It was so-and-so's fault for doing ABC." Those lawmakers in favor of meaningful tort reform legislation aren't going to let a bill go by if it's a band-aid or substandard approach. So, in the end, there will be finger pointing, but no vote.

I *hope* I am wrong.

[DecaturPride, back at the helm of my own blog. Thanks Dr. G for helping out.]

Bracelets and Information

Get your bracelet from your doctor today!

You've probably seen the billboards around town, but didn't know what it was all about. Read a little here, but go to the realitymedicine or KeepDoctorsInIllinois websites (see links at right) to get more detailed information. Many doctor's offices around town also have bracelets and information from realitymedicine. Check it out!

Thanks for stopping by!

Revenge of the Stiff

Meaningful liability reform legislation is on the verge of being voted on, but...the trial lawyers are still at it.

Through various "front groups" they are trying to scare legislators into allowing compromise on meaningful liability reform. For instance, take a look at the "letter" sent out by a group calling itself the Center for Justice and Democracy:

http://www.isms.org/legislative/liability_reform/cjd_ltr.pdf

Oooh, I am so scared of all these bad bad doctors. There are so many of them; they're everywhere! Ooh ooh.

Right. Their arguments are getting old, and their scare tactics are not going to work. I just hope that our legislators are getting the word from their constituents on how they feel about this. There are two bills in the state legislature that are being considered. One is House Bill 4074, the other is Senate Bill 276.

To find out more about these two bills, and what is going on, PLEASE go to www.realitymedicine.com or www.isms.org and find out the details. Then call your state senator or state representative and let them know what you think! Your access to healthcare is at stake!

If you're not sure who your state sen/rep are, then go to the following link, put in your address, and you can find out!

http://www.elections.state.il.us/dls/pages/DLSAddresscrit.asp

Once you find out who want to send a message to, you could also take this info to your doctor and ask for a free postage-paid postcard to send. It's that simple!

*Meaningful* Medical Liability Legislation

I took the opportunity to read the article by Rich Miller (as supplied by TDD) from Capitolfax.com, and I won't elaborate too much on the content, so if you want to review it, click on the following link:

http://www.capitolfax.com/column.htm

Mr. Miller makes a statement that Speaker Madigan sent a message to the "all-powerful trial lawyers" by approving an ammendment to a house bill that would place a cap on non-economic damages to $1,000,000 to doctors and $2,000,000 for hospitals.

Mr. Miller goes on to say that this move was necessary, because Speaker Madigan realizes that keeping his job is more important than pleasing the trial lawyers' lobby. He cites the defeat of former justice Gordon Maag as an example, and that the democratic party now knows what not addressing this issue will bring.

I agree with Mr. Miller's comments to an extent, in that yes the democrats need to do something here, and that yes, Speaker Madigan is interested (as are all politicians) in keeping his job.

What is missing is the fact the $1million / $2million amendment WOULD NOT be a significant enough cap to make any real change in the litigious climate of Illinois. The average NON-ECONOMIC jury award was about $3 million dollars already in 2003. If the plaintiff's bar is assured the tort lottery is still open to at least 3 mill, then woo hoo for them! THEREFORE...Madigan did NOT step out on a limb when he offered this amendment. He did NOT defy anyone (although I'm sure there are some in the plaintiff's bar that didn't like the 1/3 amendment, still hoping for more.)

Speaker Madigan's move was a token gesture to make it appear as if HE is trying to accomplish something for the people of Illinois, while still pleasing the majority of the trial lawyers at the same time. When Iron Mike steps up and says, "Ya know, the $250,000 cap on non-economic damages, similar to the MICRA law in California that has worked so well for the past 30 years, isn't such a bad idea. We need to preserve access to healthcare in Illinois and put this on the bill!" ---THEN I'll believe the Speaker really stood up to the ITLA and really wants to do something for his state. Until then, I watch and wait...and pray.

BIG NEWS!!!!!

Governor Rod Blogoatavitch sent a letter to me today outlining for me the apparent medical malpractice crisis that we are in. As well, that there are many schools of thought as to what "meaningful" tort reform legislation should include as part of this legislation.

On the back of the letter, Uncle Rod asked me, ME! for my personal opinion on this here thang, and wanted me to write him back and send him a little letter.

THANK GOD FOR REALITYMEDICINE.COM! I will with all my little points of what meaninful medical liability legislation truly means, and I can mail that there letter off to Chicago (yes, Chicago....Who'd a thunk it?) so Rod can read up on what we doctors think about "meaningful medical liability reform legislation."

I truly hope that any docs also getting this letter from his highness would answer in kind, with a carboncopy from the www.realitymedicine.com website! If we all send the same freakin' message, at the very least, it will really really irritate him. At the most, it would pretty much irritate him, but might get him to think twice about who he needs to "do this for."

Marlon...Rod's left the door wide open, I say the ISMS slam dunk him with this!

The Cards Are Here!

Howdy from Rock Springs Family Medical Center!

I just got my second batch of postage-paid postcards for patients to send to their legislators for the "Keep Doctors In Illinois" Campaign from my Pfizer representative. (I also got some Viagra samples. And NO they are for patients.)

I am excited that [DecaturPride] has allowed me to be the writer, if you will, of this site for a while. My old buddy Matt Jackson of the now famous Jacksonfile got me into this blogging thing, so I thought I'd do some good with the little time I have.

For those prospective patients out there, stop in to see your doctor, even if you don't have an appointment, and ask the receptionist about the "Keep Doctors In Illinois" postcards that you can send to your Illinois state senators and representatives. I myself have been thinking about moving to Indiana or Wisconsin if medical liability legislation doesn't pass soon. If rates go up any higher in Illinois, I know a lot of my fellow doctors who may retire early or leave the state as well.

PLEASE HELP GET THE WORD OUT! Tort reform is a vital issue for access to healthcare for all Macon County residents, both Democrat and Republican.

I would be curious, anyone out there have any other points of view on tort reform? Anyone heard any stories on how this crisis has affected them or family? I would love to hear what others are thinking.

Make sure the oil's changed and the tank is full...

Imagine with me if you will...

[Rod Serling's voice]: A man and his pregnant wife on a leisurely stroll through central park by the Transfer House. Suddenly she realizes her water has broken and she needs to get to the hospital soon. The baby wasn't due for two more weeks, but there's no stopping it now. The trouble is, there are no doctors in Decatur who deliver babies anymore, and the husband is wondering if they'll make it to Springfield in time. Another dangerous day, in the

NOT TOO DISTANT FUTURE! No, this is not the Twilight Zone. In fact, women south of Carbondale have been dealing with this very scenario for quite some time now. They literally have to drive to Evansville, Indiana, St. Louis, Missouri, or even to Kentucky to get an OB/GYN who will deliver babies. Why? Because the medical malpractice rates in southern Illinois are so ridiculous that there are very few, if any physicians who will continue to do OB care. Decatur OB/GYNs have said that if their rates go up anymore, they may be forced to do what the doctors in southern IL did: stop delivering babies and just do gynecologic care.

Regardless of who the medical malpractice insurer is (ISMIE, or even the Illinois Hospital Association who insures Decatur's employed physicians,) the rates are going up! This year ISMIE was able to keep things fairly level, but other physicians have seen their rates almost double. Without medical liability reform, you the patient, may find yourself in the twilight zone.

Act now! Contact your physician about postage-paid postcards to your legislators. If these aren't available, go to the realitymedicine link and find out who your legislators are. Democrat or Republican, when it comes to your access to healthcare, everyone looks the same on the operating table. Let's Keep Doctors In Illinois!

Footnote: I'm going to be letting other contributors post to this site for a while; I'm getting too busy. Dr. Gregory will be the admin until further notice...

Keep Doctors In Illinois

Ever since the liberal media came down hard on the pharmaceutical industry, the drug companies have had to be extra careful on what they do for physicians. No more entertaining, no gifts, just details and samples, and maybe dinner (and God forbid if a doc was to bring their spouse along.)

Well, one thing that the pharmaceutical industry cannot be faulted for (oh just watch the liberal media take off with this one) is the support of physicians in the current medical liability crisis. Many drug reps are wearing the green wrist bands as provided by the ISMS/ISMIE (see the link to RealityMedicine,) but Pfizer has taken the lead in promoting tort reform in Illinois by helping distribute materials to physicians' offices starting May 2, 2005. The "Keep Doctors In Illinois" campaign that ISMS/ISMIE has been running (anyone seen the billboards on Eldorado and North Water?) will now be taken to the docs themselves, so that patients can receive important information on the crisis itself, but more importantly on how to contact their legislators. Bob Slider, Frank Watson, Barak Obama, Dick Durbin...look out after Monday. The patients will be on to the problem, and will also see clearly just who is holding tort reform up in Illinois. (I wonder where Emil Jones, Jr. will be hiding over the next few weeks...)

PHYSICIANS, there will be an information talk about the campaign this Thursday evening. See your Pfizer rep for details on location and time! Get involved in the ISMS and your county medical society!

LEGISLATORS, learn a lesson from the judicial race involving justice Maag in southern Illinois. It's either Tort Reform IN or your butt is OUT! Elections for your seat are coming up sooner than you think. Docs in central Illinois will keep you in the NO SPIN ZONE (apologies to O'Reilly,) so don't try to talk your way out. It's action that is needed here!

PATIENTS...and that means all of us who ain't doctors or politicians!...we need to keep informed of this crisis and to let our legislators know that we need tort reform/medical liability reform in Illinois! Go to www.realitymedicine.com and learn more about the crisis, and then get contact information for the legislators in your area. Write them a letter (if you see your doc, they may have a letter pre-addresssed/stamped for you, just write what you want and they'll mail it!) to your legislators and let them know your feelings.

Access to healthcare in Central Illinois, in Decatur, is the issue here. If medical liability reform doesn't pass soon, and if rates for physicians continues to climb, we may see more docs leave the state. Dr. Apichai and Dr. Trostel were forced into retirement because of the rising costs; don't let your doc be the next!

Take Pride In Decatur!