*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.
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.
posted by Anonymous at 5/14/2005 01:55:00 PM
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