Jump to Navigation

Obama Flip-flops on Tort Reform in Medical Malpractice Lawsuits (January 30, 2011)

Article provided by Illinois Personal Injury Lawyers - Steinberg, Burtker & Grossman, Ltd.

President Barack Obama appears to have finally caved in to the conservative medical lobby fighting for so-called tort reform. For the first time during his recent "State of the Union" speech he stated that he was now in favor of tort reform in medical malpractice cases limiting the rights of victims to seek monetary damages. This is a total about face from his previous stance which opposed limiting patients damages. It is clear that Obama's change reflects his desire to be re-elected to office by picking up some conservative votes.

In the State of Illinois similar attempts at tort reform have failed as the Illinois Supreme Court has on several occasions struck down legislation passed by the legislature. The high court correctly recognized that tort reform for a single class of cases namely medical malpractice is unconstitutional.

What the general public fails to understand is that the current financial crisis results from the lack of control of the major health insurance companies that continue to receive record profits while significantly decreasing the reimbursement received by doctors and hospitals. Over the past 10 years internists have been forced take on a tremendous increase in the number of patients in an effort to maintain their income. They have even resorted to VIP type practices in which their patients pay the physician a yearly cash retainer for the right to be seen by their practice. With a few exceptions most other medical specialties have suffered the same fate. Medical malpractice lawsuits have nothing to do with this financial reality. As long as a doctor is willing to accept pennies on the dollar for their services they have no one to blame but themselves.

As a Chicago Personal Injury Attorney representing the injured victims of medical malpractice I can tell you first hand that we do not file frivolous lawsuits against doctors and hospitals. Beyond the fact that it is morally wrong to do so, the out of pocket cost to the attorney of prosecuting the action can range from $35,000. to more than $150,000. Our attorney fees are also contingent upon a successful recovery. In other words we must risk both out valuable time and money prosecuting a lawsuit which may not be won. Unless we are extremely selective of the cases we agree to accept it would not take long for us to be forced out of business. For that reason alone we must engage in due diligence to thoroughly investigate the merits of a potential lawsuit by consulting with experts in the field at issue before agreeing to accept the case. Medical malpractice insurance companies would like the public to believe that attorneys are filing lawsuits on behalf of anyone that walks in the door. They further buy radio and television airtime in an effort to get the public to panic that unless tort reform is passed every physician will leave the state. The fact is that there may be a shortage of physicians in downstate communities because the physicians do not want to live there! The migration from small rural communities to the "big cities" is not a new phenomena which somehow excludes physicians.

Doctors and hospitals have a right to be paid a fair price for their services but it is up to them to take on the health insurance companies and stop blaming medical malpractice attorneys for their financial woes.

Contact Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Watch Firm Videos

About the Firm Chicago Illinois Personal Injury Lawyers

http://www.rickgrossman.com 866-942-8024 The attorneys at Steinberg, Burtker & Grossman practice exclusively in the area of personal injury litigation. For representation, contact the firm today in Chicago, Illinois.

Representative Cases

  • $8.3 Million to a tire serviceman who suffered brain damage and quadraparesis as a result of the explosion of a defective multi-piece rim.
  • $4.0 Million to the estate of a man who died after knee replacement surgery at Evanston Hospital.
  • $3.1 Million to the estate of a woman who died post child birth at the University of Chicago Hospital.
  • $2.2 Million to the estate of a woman that was killed in a roll over vehicle accident on the Kennedy Expressway.
  • $2.1 Million to the estate of a over medicated man who died at Rush University Medical Center.
  • $2.0 Million to a tuck pointer who fell from scaffolding.
  • $1.0 Million to the estate of an elderly woman who fell from her bed at the Rehabilitation Institute of Chicago.
  • $1.0 Million to the estate of a woman killed by a City of Chicago fireman.
  • $1.0 Million to the estate of a single woman killed in an airplane crash.
  • $1.0 Million to the estate of a man who died in Loyola Hospital as a result of the mechanical failure of a respirator.
  • $1.0 Million for the death of a baby from delayed treatment at Roseland Community Hospital.
  • $800,000 to a man from undiagnosed carpel tunnel syndrome at Rush University Medical Center.
  • $750,000 to motorcyclist who sustained severe injuries to his leg when struck by a motor vehicle.

Read More