AIA: Latest ‘Solution’ to Address Illinois’ Med-Mal Crisis Falls Short

The latest proposal to address the medical malpractice and access to care crisis in Illinois falls short of meaningful liability reform and contains highly objectionable language that may promote more litigation, the American Insurance Association (AIA) said.

“Clearly and inarguably, the best solution to Illinois’ medical malpractice crisis – one that creates a stable, predictable market attractive to insurers – is comprehensive liability reforms, similar to those in Wisconsin and Indiana,” said Steve Schneider, AIA vice president, Midwest region. “We have been making this case for months. While the latest reform proposal contains a few good ideas, the highly problematic language touching on ‘bad faith’ claims is distressing and counter-productive. This not only won’t solve any of the existing problems, it could cause more litigation, more acrimony between interested parties and would perpetuate an unattractive market.”

The “bad faith” provisions of Amendment 4 to SB 2239 may reportedly flip standard litigation negotiating practices on their head, potentially creating a more litigious environment between plaintiffs, their lawyers, doctors and insurers.

“AIA strongly supports efforts to rein in frivolous lawsuits that artificially and needlessly drive up insurance costs,” added Schneider. “AIA also has called for the establishment of appropriate compensation standards to restore predictability to the medical liability marketplace. Amendment 4 and other ‘Band-Aid’ solutions and proposals to encourage more claims will not help accomplish that goal.”

Editor’s note: See related story on Illinois med-mail in the Midwest news.

Topics Illinois