Closing Argument

A trial lawyer's commentary on his practice, developments in the law, and occasionally, life in general.

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I hope you enjoy my blog. I am a trial attorney with offices at 100 West Monroe, Suite 1900, Chicago, Illinois. A large portion of my practice involves the representation of persons who have been injured due to auto accidents, work accidents or medical malpractice. In addition, I also also represent a select number of clients with business, commercial or employment disputes. If you wish to talk to me about a case, please contact me at my office, 312/346-3715 or email me at markploftus@aol.com

Sunday, July 18, 2004

HOLD THE PRESSES - ILLINOIS DOCTORS NOT FLEEING THE STATE
 
Been awhile since my last post, and lots to report...
 
Contrary to the reports published by the Tort Reform people, doctors are not lined up at the borders of Illinois, waiting their turn to flee.  In fact, according to a recent report in Crain's Chicago Business, the overall number of doctors in Illinois is actually increasing!  Yeah, that's right, the numbers of doctors in Illinois is going up.  Yes, it is true that Illinois has lost practicioners in specialties with high malpractice premiums, but the decline is consistent with national data.  What's more, the decline is similar to what Indiana and Wisconsin are showing - and both of those state limit jury awards in medical malpractice cases. 
 
Illinois Hospital Association President Kenneth Robbins(who not suprisingly supports caps) however, still maintains that medical services are being compressed.  "Obstetricians and neurosurgeons can restrict and limit the extent of their practices, " he noted in the article.  "The licensing and certification numbers won't reflect any of that."
 
Well, then, certainly the IHA has the numbers to show how Illinois doctors are restricting their practices in response to this alleged medical malpractice crisis, right?  Not quite.   "No," said a IHA spokesman.  "That's been very difficult to quantify with a specific number," he related.  "BUT THERE IS DEFINITELY A CRISIS!" 
 
 Wait a minute.  Couple of thoughts regarding the spokesman's remarks.  First, why didn't he give his name?  Probably feeling a little sheepish that as a spokesman, he didn't have any data to support the fact that there is "...definitely a crisis".  Secondly,  just how hard is it to get those numbers?  Couldn't the IHA, or any other pro-tort reform group simply call doctors on the phone and inquire  if their practice has been somehow restricted?   If doctors were truly restricting their practices[solely in response to this alleged crisis]these tort reformers would be marching them around local courthouses complete with white smock and stethescope.  And finally, you've got to give these guys points for staying on message.  Even when confronted with statistics impeaching claims doctors are leaving the state, these guys still run around screaming that the sky is falling.  The Crain's article is just another example of the way tort reformers manipulate facts to mislead and alarm the general public about this alleged crisis.
 
On the same front...
 
A recent study from the Harvard School of Public Health concluded that imposing a cap on non-economic damages results in unfair awards.  The study, detailed in the July/August issue of Health Affairs, found that arbitrary dollar amount caps on damages were simply unfair. 

3 Comments:

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