Chicago Accident Lawyer | Car Accidents | Truck Accidents

West Side Crash Sends Nine To Hospitals

2010-06-30T02:00:00.000-07:00

Nine people were hospitalized after a three-vehicle crash on the West Side Tuesday evening.

According to officials, the accident occurred just after 6 p.m. at the intersection of Homan and Madison Avenues. Multiple ambulances were dispatched to the scene. Three of the people were reportedly in serious-to-critical condition, while the other six were said to be in fair-to-serious condition.

According to some witness reports, a car ran a red light at an intersection, hit a second vehicle, which then flipped over and then the original car proceeded to sideswipe a Chicago Transit Authority bus. Police are still investigating the accident.

If you or a loved one has been involved in a serious accident, contact us today for a free consultation.

Man, 20, Charged With DUI In Crash That Killed Two Teens

2010-06-29T18:30:00.000-07:00

A 20-year-old man was charged Tuesday in connection with an early Monday morning crash that killed two of his passengers and injured the other two, one of them critically.

Szymon Zawadzki of Chicago faces several charges including reckless homicide, aggravated DUI resulting in death, aggravated DUI resulting in great bodily harm improper lane use, failure to reduce speed to avoid an accident and driving without insurance. Zawadzki was driving about 2:30 a.m. early Monday in Wilmette when the car he was driving left the road and hit a fire hydrant before broadsiding a tree.

Two of his backseat passengers, an 18-year-old and a 17-year-old were killed. A third teen girl, 15, was critically injured and remains hospitalized. A fourth passenger, an 18-year-old girl, was treated at a local hospital and released. Zawadzki was also hospitalized and remained hospitalized Tuesday, according to reports.

Zawadzki is scheduled for a mid-July hearing in Skokie to face the charges.

If you or a loved one has been involved in a serious accident, our firm may be able to assist you. Contact us for your free consultation today.

Seven Manufacturers Announce Crib Recall

2010-06-27T19:24:00.000-07:00

The U.S Consumer Product Safety Commission, along with seven firms, announced a voluntary recall of more than two million drop-side and some fixed-side cribs late last week in order to minimize entrapment, suffocation and fall hazards.

The recalled cribs were manufactured between 2000 and 2009 by Child Craft, Delta Enterprise Corp., Evenflo, Jardine Enterprise, LaJobi, Million Dollar Baby and Simmons Juvenile Products Inc. The companies are supplying consumers with repair kits and immobilization kits for the drop-side cribs to remedy the associated issues.

According to the CPSC, their staff is working on new crib safety standards that should be completed within the year.

Any consumer with an affected crib can visit the CPSC's site or the Juvenile Products Manufacturers Association web site for information on participating companies and downloadable materials.

Nine million drop-side cribs have been recalled throughout the past five years. According to the CPSC, drop-side cribs generally are less structurally sound than cribs with four fixed sides. The CPSC recommends not using any crib older than 10 years.

If you or a loved one has been injured by a defective product, our firm may be able to assist you. Contact us for a free consultation.

Officials: Weekend CTA Fire Caused By Lubricant and Spark

2010-06-22T19:09:00.000-07:00

A Chicago Transit Authority subway fire that sent 19 passengers to area hospitals was reportedly caused by an electrical spark between two rails that ignited a greasy lubricant sprayed on the train wheels.

City officials blamed shortages in funding on the Sunday incident, which occurred on the Red Line south of the Clark Street Station.

One train operator was told to proceed through the smoky tunnel after he reported the fire extinguished. He later saw flames, but decided it was better to proceed over them instead of stay on top of them. As a result, he inadvertently spread smoke throughout the tunnel.

He made it to the next station and passengers made their way through the smoky tunnel up to ground level.

According to reports, most of the injured passengers suffered smoke inhalation or respiratory issues and two people remained hospitalized as of Monday.

Some officials argued Tuesday that additional funding to upgrade the train lines may have prevented this incident.

If you or a loved one has been injured in a mass transit accident, our offices may be able to assist you. Contact us today for a free consultation.

Study: Adults Text As Often As Teens While Driving

2010-06-19T10:35:00.000-07:00

A new study published Friday by the Pew Research Internet found that although texting and driving is often seen as a problem with teenagers, adults are just as likely to text or read text messages behind the wheel.

Twenty-seven percent of adults (ages 18 and older) said they had sent or read a text message while driving compared with 26 percent of teens who said they had sent a text message while driving.

Forty-nine percent of people said they were in a car when the driver was sending or reading text messages while driving.Three in four cell-owning adults said they had talked on their phone while driving compared with 52 percent of teens.

Additionally, one in every six cell-owning adults said they had physically bumped into another person or an object because they were distracted by their cell phones.

According to the Insurance Institute for Highway Safety, a driver using a cell phone while operating a motor vehicle is at an increased risk of getting into an accident than drivers not using cell phones.

The data was collected between the end of April and the end of May for drivers 18 years and older, while the data for teens was previously collected and released in 2009 by Princeton Survey Research International.

The survey quizzed 2,252 American adults, 1,917 who owned cell phones and 1,189 who used text messaging.

The use of handheld cell phones to make calls, text or email is banned in the City of Chicago, Evanston and Winnetka. The city of Park Ridge is reconsidering a similar ban.

If you or someone you love has been injured in a car accident, we may be able to assist you. Contact our office for a free consultation.

Two Killed In Elk Grove Village Motorcycle Accident

2010-06-14T05:43:00.000-07:00

Two people were killed Sunday evening in a motorcycle crash in Elk Grove Village. No other vehicles were involved.

The 31-year-old driver was pronounced dead at the scene and his female passenger was taken to a nearby hospital, where she was later pronounced dead. Police have not released her identity pending notification of her family.

The accident occurred just after 7:30 p.m. The cause of the crash is still under investigation.

If you or a loved one has been in a serious car accident, our offices may be able to assist you. Contact us for a free consultation.

Pregnant Woman Killed In Hit-And-Run

2010-06-12T15:29:00.000-07:00

A 20-year-old pregnant woman was struck and killed in a hit-and-run accident early Saturday morning.

Ludjana Dido was killed after going out for a bite to eat with friends. Dido, who was from the Northwest side, was struck just after 1 a.m. Saturday morning on West Roscoe Street.

Dido and her friends reportedly got in a dispute with another group and were getting into a car when she was struck by a white vehicle, according to reports.

She was taken to a nearby hospital where she was pronounced dead just before 2:30 a.m. According to reports, Dido was the oldest of three children. She and her parents immigrated from Albania when she was a toddler. She had recently graduated from high school. Dido was five months pregnant and expecting a baby boy.

If you or a loved one has been injured in an accident, we may be able to help you. Contact us for a free consultation.

Fines Increase For Parents Not Properly Securing Children In Car Seats

2010-06-10T08:30:00.000-07:00

New Illinois legislation signed Wednesday increases fines for parents not securing children eight years and younger in proper child safety seats.

Gov. Pat Quinn signed a new law which would increase the fine from $50 to $75 for not properly securing children eight and younger. Future offenses would carry a $200 fine, up from a $100 fine.

First-time offenders would be able to complete a course on proper installation and use of child safety seats and could be able to get their fine waived.

In Illinois, children eight years and younger must be secured in a child safety seat. Children ages eight to 16 must be buckled in while traveling in a vehicle.

If you or a loved one has been injured in a car accident, we may be able to help. Contact the law offices of Dwyer & McDevitt today for a free evaluation.

New Ordinance Requires Stores To Post Info For Car Seat Buyers

2010-06-09T15:26:00.000-07:00

The Chicago City Council passed an ordinance Wednesday requiring Chicago stores selling car seats to post signs directing consumers to where they can get help installing them.

The City of Chicago would be responsible for keeping a list of private and not-for-profit organizations that consumers could reach near where the car seats are displayed in the store. Stores not complying could be fined up to $500.

According to the National Highway Traffic Safety Administration, three out of every four car seats are improperly installed, leaving children at a greater risk of injury from accidents.

Opponents of the ordinance argue the new laws may drive some retailers away from the City of Chicago.

Car accidents are the leading cause of death in children from ages two to 14, according to the NHTSA.

If you or a loved one has been injured in a car accident, we may be able to help. Contact the law offices of Dwyer & McDevitt today for a free evaluation.

Toxic Metal Found In McDonald's "Shrek" Glasses; Prompts Recall

2010-06-04T05:22:00.000-07:00

McDonald's is recalling approximately 12 million "Shrek" drinking glasses which have been found to be contaminated with cadmium, a toxic metal.

According to reports, the Consumer Product Safety Commission is scheduled to announce the recall later Friday after a sample of glasses were tested and found to contain cadmium, a metal found in many batteries, some paints and plastics as well as tobacco smoke.

Cadmium and cadmium-containing compounds are known carcinogens. It is believed the greatest exposure to cadmium in the general population is from tobacco smoke. Long-term exposure of the metal is linked to a buildup of it in the kidneys, possible kidney disease and lung damage. The metal is considered challenging to remove from the body once it has entered.

McDonald's is issuing the recall on the glasses, which retailed for $2 a glass and anyone who has purchased a "Shrek" glass is asked to return them to McDonald's for a refund.

The recall was initiated by an anonymous tip to the office of a California U.S. Representative's office, and the glasses were tested on an accelerated basis.

If you or a loved one has suffered a personal injury, we may be able to help you. Contact us for a free consultation.

Springfield Salmonella Outbreak Linked With Subways

2010-06-04T04:10:00.000-07:00

Illinois health officials are investigating a salmonella outbreak linked with 14 Subway restaurants in Southern Illinois.

According to the Illinois Department of Health, 34 individuals have become ill and 14 of those have been hospitalized for their illness.

Subway is cooperating with officials and has voluntarily withdrawn any fresh products in question. Health officials have asked anyone with symptoms who may have eaten at a south Illinois Subway contact their local health department.

If you or a loved one has suffered an illness due to a salmonella outbreak, we may be able to help you. Contact us for a free consultation.

Rogers Park Man Charged With DUI In Accident That Kills Boy, 10

2010-05-31T19:38:00.000-07:00

A Rogers Park man was charged with reckless homicide and aggravated driving under the influence in a crash that killed a 10-year-old boy.

According to reports, Martin Candia allegedly slammed into a parked sports utility vehicle, which lurched forward to hit another parked SUV, trapping 10-year-old Calvin Santos in between the two vehicles on the 6900 block of North Ashland just after 5:45 a.m. Saturday morning.

Santos was taken to a nearby hospital and pronounced dead just after 7:30 a.m. He and his three-year-old sister were reportedly headed across the street to their aunt's house from their father's vehicle.

According to police, Candia was legally drunk, though they have not released what his blood alcohol content was at the time of the accident. He was also charged or cited for nine other offenses.

If you or someone you loved has suffered a personal injury, we may be able to help you. Contact us for a free consultation.

Metra Train Strikes, Kills Man In Crystal Lake

2010-05-27T19:25:00.000-07:00

A man was killed Thursday afternoon about 12:45 by a Metra train, officials said.

According to reports, the man walked in front of the oncoming train, about a quarter mile from the Pingree Road Station and about 300 feet from a railroad crossing in Crystal Lake.

The accident occurred with an outbound Union Pacific Northwest Line and the train was delayed a few hours.

Police are investigating the incident.

If you or someone you loved has suffered a personal injury, we may be able to help you. Contact us for a free consultation.

Grad Student Dies From Injuries After Arguing With Cabbie

2010-05-23T19:59:00.000-07:00

A Chicago graduate student died Saturday from injuries he sustained after arguing with a cab driver last week.

The man, 32-year-old Daniel Firkins of the Near West Side reportedly was leaning in a cab window while arguing with a cab driver May 14 near his home. The driver allegedly took off, dragging him for a block before running over his legs.

According to Firkins' family, he also suffered skull fractures. Firkins was a MBA student at the University of Chicago.

Police are still searching for the cab driver, who fled the scene in a white cab with a blue stripe.

If you or someone you loved has suffered a personal injury, we may be able to help you. Contact us for a free consultation.

Two Girls Injured After Falling From Window

2010-05-23T19:47:00.000-07:00

Two girls were injured Sunday after they fell from a window during a church function in Rogers Park.

According to reports, the girls had attended a 6 a.m. church service and afterward moved up to the second floor for a birthday party. Witnesses said the girls found their way to a stairwell, opened a window and then both of them fell onto an interior enclosed patio.

The accident occurred near Morse Ave. and Ashland Blvd. about 10 a.m. There is no word on their conditions, but both girls were reportedly taken to Children's Memorial Hospital with leg injuries.

If you or someone you loved has suffered a personal injury, we may be able to help you. Contact us for a free consultation.

Officials Issue Hazard Alert After Truck Rollover On I-290

2010-05-18T05:57:00.000-07:00

A truck filled with unknown chemicals tipped over after the driver lost control in a crash Tuesday morning.

The crash occurred on Interstate 290 and prompted a hazardous materials response, but officials said none of the chemicals had spilled and the chemicals were still unidentified.

The highway was shut down to one lane near the accident in Elmhurst, slowing traffic even more than current construction has slowed it.

If you or a loved one has suffered a personal injury in an accident, we may be able to assist you. Contact us for a free consultation.

Teen Charged In Hit-And-Run

2010-05-17T18:30:00.000-07:00

An 18-year-old New Trier student was charged Monday in the hit-and-run of a fellow student who suffered traumatic brain injury Friday.

Erin Hughes was ordered held on a $500,000 bail after being charged in the accident that put 16-year-old Sarah Goone in intensive care.

According to reports, Hughes is a honor student just shy of two weeks weeks away from graduation at New Trier High School.

Hughes has not been charged with driving under the influence, but reportedly told officials she smoked pot the evening before. The judge said she would reconsider the bail after the drug test results are in on Thursday.

Hughes is being held in the Cook County jail as her parents struggled to come up with the bail.

If you or a loved one has been injured or has died in a train-related accident, we may be able to help you. Contact our offices for a free consultation.

Hit-And-Run Leaves High School Student In ICU

2010-05-15T07:58:00.000-07:00

A Glencoe sophomore was in critical condition after a hit-and-run Friday afternoon.

Sixteen-year-old Sarah Goone was leaving school after a 4 p.m. play practice as she attempted to cross Green Bay Avenue at Winnetka Ave. according to officials.

Goone underwent brain surgery at Evanston Hospital and was still unconscious. The doctor said they may not know they extent of the damage for days.

Witnesses and a nearby teacher performed CPR on Goone and the teacher accompanied her to the hospital.

The school canceled the play, scheduled for Saturday, Goone was supposed to perform in.

Wilmette police later stopped a sedan fitting the description of the vehicle. The investigation is ongoing.

If you or a loved one has been the victim in an accident, we may be able to assist you. Contact us for a free consultation.

Naperville Takes Ambulance Out Of Service To Save Money

2010-05-12T21:57:00.000-07:00

The City of Naperville has decided to take one of its seven ambulances out of service in an effort to save money, according to local reports.

Officials said as many as two of the ambulances could be taken out of service, but the city is reevaluating often to make sure there are no negative side effects to the residents and the emergency services they provide.

The Naperville fire department's budget was slashed by nearly $1 million for 2010. A bit more than half of that was cut in overtime pay and the move to take an ambulance out of service is an attempt to make adjustments by other means than cutting positions.

Officials said the fire trucks carry the same equipment as the ambulances, but are just not able to transport someone to the hospital.

If you or a loved one has suffered a personal injury in an accident, we may be able to assist you. Contact us for a free consultation.

Twelve Injured When CTA Bus Crashes Into School

2010-05-11T12:15:00.000-07:00

Twelve people were injured Monday afternoon when a CTA bus crashed into a school.

The crash occurred about 4 p.m. Monday afternoon in the 3600 block of West Chicago Ave., at the Clark Math and Science Academy.

According to reports, the crash may have been caused when a driver heading westbound tried to pass another vehicle and instead went into oncoming traffic, possibly striking the bus.

The bus hit an unoccupied room in the building. Injured victims from the bus were transported to local hospitals for treatment.

The crash is still under investigation.

If you or a loved one has been injured in an accident, we may be able to assist you. Contact us today for a free consultation.

Officer Hit By Car During Traffic Stop

2010-05-06T04:21:00.000-07:00

A Chicago police officer was hit by a car Thursday morning as he made a traffic stop on the Northwest side.

According to reports, the officer had pulled over a woman near Northwest Highway and Foster Avenue just after 3 a.m. Thursday for driving erratically. A tow truck driver had flagged down the officer to alert the cop of the driver and was just behind.

As the officer got out of his car and was approaching the woman's, another car hit the woman's head-on sending her car into the tow truck, bouncing back and then striking the officer.

The officer was being treated for a possible broken arm and injuries to his chest. Both the woman and the tow truck driver were injured but were being treated at local hospitals.

Police are investigating the incident and additional charges may be made.

If you or a loved one has been injured in an accident, we may be able to help you. Contact us for a free consultation.

Metra Train Collides With Car; One Dead, Two Injured

2010-05-05T10:26:00.000-07:00

One person was killed and two more injured when a Metra train hit a car Monday evening.

The crash occurred at 71st Street and Merrill Avenue in South Chicago just before 10 p.m. Thirty-year-old Garry Godfrey was killed and two other occupants were seriously injured in the crash. The injured occupants were taken to nearby hospitals to be treated.

Service was disrupted for awhile as investigators looked into the crash.

If you or your loved one has been injured in a serious accident, we may be able to assist you. Contact us for a free consultation.

Three Critically Injured In Kennedy Expy. Accident

2010-04-29T19:10:00.000-07:00

A vehicle struck a light pole as it was attempting to pass another vehicle on the Kennedy Expressway just before midnight Wednesday night, critically injuring three people.

According to reports, the driver of the 1993 Grand Cherokee attempted to pass a Pontiac Grand Prix when it sideswiped the median and crashed into the light pole. The pole then crashed down and hit the Pontiac.

The driver of the Jeep was ticketed with driving without insurance or identification. All three victims were passengers in the Jeep and were taken to different nearby hospitals.

If you or a loved one has been injured in a serious accident, contact us for a free consultation.

Judge Tosses Out Chicago Cop's Arrest In Fatal DUI Case

2010-04-29T18:52:00.000-07:00

Tuesday a Cook County Judge ruled a Chicago cop was arrested and detained without probable cause in a fatal accident occurring more than two years ago.

In November 2007, off-duty officer John Ardelean allegedly went drinking at a bar before he was involved in a crash where two young men, 22-year-old Miguel Flores and 21-year-old Erick Lagunas were killed. Ardelean's Dodge Durango slammed into the Pontiac Grand Am the men were in.

Ardelean's blood alcohol level was not tested at the scene reportedly because the four officers who responded said they had no reason to suspect drunk driving, but Ardelean was later tested and eventually charged with aggravated DUI and reckless homicide.

The judge's ruling however, has insured for now Ardelean will not likely stand trial in the crash. Prosecutors are reviewing their case.

If your loved one has been killed in a serious accident, we may be able to assist you. Contact us for a free consultation.

Train Yard Conductor Killed By Locomotive

2010-04-26T18:44:00.001-07:00

A 36-year-old train yard conductor was killed Friday evening when she was tossed from a locomotive and then struck by it while working.

Melinda Carter was a train yard conductor for CSX Corp. and was working on their grounds near 134th Street and Ashland Avenue in Riverdale. According to reports, she was conducting routine switching operations while cars were being moved.

Funeral services are scheduled for Saturday.

If you or a loved one has been injured or has died in a train-related accident, we may be able to help you. Contact our offices for a free consultation.

Student, 21, Hit And Killed On Way To Night Nursing Class

2010-04-22T05:14:00.000-07:00

A 21-year-old student and mother was hit and killed Tuesday evening while walking to classes in the Brainerd area.

LaShunda Hopson was walking to Olive-Harvey College when the van struck and killed her.

A Crestwood man, Michael Conner, was ticketed in the accident. He reportedly was turning left onto South Normal Avenue from 95th Street when the van struck her. Police believe drugs or alcohol did not play a roll in the accident.

Hopson was taken to a nearby hospital where she was pronounced dead.

Conner has a June 17 court date set.

If you or a loved one has been injured in a serious car accident, Dwyer & McDevitt, LTD may be able to assist you. For a free consultation, contact us today.

Reports: Signals May Have Been Deactivated Before Deadly Train Crash

2010-04-19T19:55:00.000-07:00

Investigators were looking into the possibility signals had been deactivated at a train crossing Friday evening when a popular dance teacher's sports utility vehicle was killed in University Park in collision with a train.

Canadian National Railway crews had been working on the signals earlier Friday and some reports said the accident was caused by human error.

The accident occurred on tracks that crossed Stuenkel Road near Governors Highway when an Amtrak train hit 26-year-old Katie Lunn's sports utility vehicle. The train was traveling about 80 mph.

Witness accounts said there was no warnings signals sounded and no gates went down before Lunn's vehicle was struck by the train about 9:40 p.m. as Lunn and occupants of many of the vehicles on the road at the time were heading home after a Friday evening dance competition nearby.

The driver of the vehicle in front of Lunn's said she only realized a train was coming as the train driver sounded the whistle. She said before she knew it, the train was there and no one had enough time to react.

If you or a loved one has been injured in an accident, we may be able to help you. Contact us for a free consultation.

Boy Struck By Truck, Killed While Riding Bike

2010-04-19T19:49:00.000-07:00

A 12-year-old boy was struck and killed by a pickup truck as he was riding his bike Sunday evening in Chicago's Clearing neighborhood.

The truck reportedly hit the boy when the driver attempted to make a right hand turn onto 60th Street, where the boy was attempting to cross in a crosswalk about 8:25 p.m.

The driver was ticketed with failure to yield to right of way and negligent driving. The boy was taken to a nearby hospital, where he was pronounced dead just after 11 p.m.

If you or a loved one has been injured in a bicycle accident, we may be able to assist you. Contact us for more information.

Two Teens Killed In Accident With Garbage Truck

2010-04-15T06:22:00.000-07:00

Two teenagers were killed and another man was injured when a garbage truck struck a vehicle near Waubonsee Community College Wednesday afternoon.

According to reports, the accident happened about 1:50 p.m. on Illinois Route 47. The truck was reported heading north approaching an entrance to the college when the vehicle carrying the two teens, heading south, turned in front of it. The truck driver was not able to stop in time and struck the passenger side of the vehicle.

The driver and passenger of the vehicle were both killed in the accident. The driver of the truck was treated at a nearby hospital with non life-threatening injuries.

The investigation into the crash is ongoing.

If you or a loved one has been injured in a serious car accident, Dwyer & McDevitt, LTD may be able to assist you. For a free consultation, contact us today.

Man Charged With DUI In Fatal Weekend Accident

2010-04-13T04:48:00.000-07:00

A 23-year-old man was charged Monday with a DUI in a Saturday night accident that claimed the life of a 24-year-old woman in Crystal Lake.

Kyle Sievert of Arlington Heights was driving a Trans Am carrying three other people when the crash occurred.

Just before midnight, Sievert reportedly was heading westbound when he lost control of the car as he turned onto Huntley Road and spun into the northbound lane of Waterford Court, into the path of another vehicle.

The front seat passenger in the Trans Am was killed. The two other passengers in his car were seriously injured and hospitalized. The occupants of the other vehicle were uninjured.

Sievert was treated at the hospital and then taken into custody, according to officials.

He is being held at McHenry County Jail and bond for Sievert was set at $75,000.

If you or a loved one has been injured in a serious accident, we may be able to help you. Contact us for a free consultation.

Woman, 24, Killed; Three Injured In Weekend Accident

2010-04-11T17:51:00.000-07:00

Alcohol is suspected in a Saturday night crash that killed one and injured three in Crystal Lake.

According to reports, no criminal charges have been announced, but the crash investigation is ongoing.

Two vehicles were involved in the crash that occurred just before midnight. The driver of a southbound vehicle lost control of the car and spun into the northbound lane, into the path of another vehicle.

A 24-year-old Schaumburg woman, a passenger in the first vehicle, was pronounced dead at a nearby hospital. Two other passengers and the driver of the southbound vehicle were injured and taken to area hospitals.

If you or a loved one has been injured in a serious accident, we may be able to help you. Contact us for a free consultation.

Woman Killed, Four Injured In Bartlett Crash

2010-04-09T23:46:00.000-07:00

An elderly woman was killed and four more people were injured in a Friday evening crash in Bartlett.

Officials said the three-car crash occurred just before 6:30 p.m. at the intersection of Route 59 and Army Trail Road. The intersection is described as a very busy intersection and was shut down for about an hour as police conducted an investigation.

Two sports utility vehicles and a smaller vehicle were involved in the crash. The woman was reportedly riding in the smaller vehicle.

Police are continuing the investigation to determine the cause of the crash.

If you or a loved one has suffered a personal injury, we may be able to help you. Contact us for a free consultation.

Two Wanted In Hit-And -Run Of Officer Found In Wisconsin

2010-04-06T20:55:00.000-07:00

A couple wanted in the hit-and-run of an Illinois state trooper was apprehended Tuesday evening in Wisconsin, according to reports.

Thirty-one-year-old Cory Matthew Wolf and 24-year-old Brittany Thompson allegedly tried to strike an Illinois state trooper with a stolen pickup truck at a downstate rest stop near Bloomington, Ill.

They abandoned the stolen truck early Tuesday morning in the Western suburbs. Authorities said items in the truck helped lead them to the couple. Helicopters joined the search with ground officers Tuesday as they tried to track them down.

The couple was found in Bristol, Wis. Both are wanted on out-of state warrants as well.

If you or a loved one has been injured by a vehicle, we may be able to help you. Contact us for a free consultation.

New Guide: No Single Factor Creates High-Performing Health Care Systems

2010-03-31T18:44:00.000-07:00

A guide published from the American Hospital Association's Health Research & Educational Trust (HRET) in Chicago, along with support from the Commonwealth Fund, found it is difficult to pinpoint a specific element tying together high-performing multi-hospital systems.

The researchers studied publicly available data, interviewed 45 leaders of multi-hospital health systems and focused on 17 specific best practices for this report.

The report identified three major findings:

1. No one system type was most associated with high performance, which means academic and non-academic, large or small, regional or multi-regional had an advantage over the others.

2. No one factor was clearly associated with performance. Essentially researchers found consistent high performance resulted in high quality care and no single change would create the same results.

3. Creating a culture of performance excellence, accountability for results and leadership execution are the keys for success. The report found a lot of these factors boiled down to the quality of leadership and the culture they created in the hospitals.

To read the report in it's entirety, click here.

If you or a loved one has been injured, we may be able to help. Contact us for a free consultation.

Two Rescued After Car Plunges Into Pond

2010-03-30T04:26:00.000-07:00

Two people were rescued Monday evening after driving into a retention pond in Westmont.

According to reports, the accident occurred near 63rd Street and Richmond just after 9:30 p.m. Monday. A firefighter and police officer are credited with rescuing a husband and wife from the submerged vehicle about 15 feet from shore. Both victims were alive and were taken to a local hospital.

The 67-year-old husband was in fair condition Tuesday but his 70-year-old wife remained in critical condition. Officials said she was not breathing when she was rescued initially and was believed to be have been underwater for 10 minutes.

If you or a loved one has been injured in a serious car accident, Dwyer & McDevitt, LTD may be able to assist you. For a free consultation, contact us today.

Spring Break Trip Turns Deadly When Bicyclists Struck By Van

2010-03-25T06:47:00.000-07:00

One teen was killed and two of her friends were seriously injured when they were struck by an elderly driver as they made their way by bike on a spring break trip.

According to police, an 86-year-old man driving a minivan crossed the center line and struck the three girls near the Shawnee National Forest.

Seventeen-year-old Faith Dremmer was pronounced dead at a nearby hospital. Kaia Tammen and Julia Baird, both 18, suffered serious injuries. Tammen suffered two broken arms, a broken jaw and some facial injuries and Baird suffered a broken collarbone and ribs. All teens were wearing helmets at the time of the accident.

The three attended the University of Chicago's lab school and had been friends for many years, according to reports. They had planned a spring break bike trip from Cape Girardeau, Mo. through parts of Illinois and Indiana as a way to celebrate their last year of high school. Baird's father was following them on their journey via car with supplies and helping them as they made their stops.

If you or a loved one has been injured in a serious accident, Dwyer & McDevitt may be able to help you. Contact our offices for a free consultation.

Study: Medical Malpractice Reform Would Do Little To Reduce Health Care Costs

2010-03-23T05:25:00.000-07:00

Throughout the health care debate, many have brought up the idea that medical malpractice lawsuits are a driving factor in the rising costs of health care. However, conclusions in a recent study show making changes to affect medical malpractice lawsuits would actually do little to change the overall cost of health care.

Proponents of reform such as setting caps on lawsuits argue medical malpractice suits and fear of being sued cause medical professionals to practice defensive medicine, including ordering tests and procedures not considered necessary, in order to make sure they cover their bases.

Overturning or eliminating caps, much like the law that was overturned in February 2010 by the Illinois Supreme Court, is actually shown to do little to reduce the cost of health care, according to a 2009 study by the non-partisan Congressional Budget Office.

The study showed that the direct cost of malpractice insurance premiums and court decisions, in addition to the costs of defensive medical, actually account for less than two percent of overall health care spending.

That means even a 25 percent or 30 percent reduction in malpractice costs would lower health costs by 0.4 percent to 0.5 percent and the effect on insurance premiums would be equally as small, according to the study.

The group came to a similar conclusion in a study conducted during the Bush Administration.

An investigation by Consumer Reports showed reducing several of the most deadly infections, many of which are preventable, would do more to affect the overall cost of health care than tort reform.

Consumer Reports - Hospital Infections

Congressional Budget Office study

If you or someone you loved has suffered a personal injury, we may be able to help you. Contact us for a free consultation.

Metra To Install High-Tech System To Prevent Collisions

2010-03-23T04:49:00.000-07:00

Metra has announced plans to install a high-tech system costing approximately $100 million in order to prevent accidents such as the one that occurred in Rock Island in 2005.

The system is designed to prevent an engineer from speeding through warning signals by alerting them to slow down as well as to prevent approaching trains from colliding.

In the Rock Island crash, two people were killed and 117 injured after an engineer's error, an investigation by the National Transportation and Safety Board concluded.

The NTSB said such a system would also have prevented the deadly 2008 Los Angeles train accident where 25 people died when two commuter trains collided. The investigation concluded the accident occurred when the engineer ran a red light because he was text messaging.

After the Los Angeles crash, Congress passed a bill requiring large railways to install a positive train control or PTC by 2015. The systems employ various technologies that would help warn engineers and help keep similar crashes from occurring.

If you or a loved one has been injured in an accident, we may be able to assist you. Contact us for a free consultation.

DuPage Co. Subway Linked To 78 Illnesses In Shigella Outbreak

2010-03-18T05:00:00.000-07:00

Seventy- eight people have been sickened by the Shigella outbreak traced to a Subway in DuPage County, according to the DuPage County Health Department.

The shop, in Lombard on Roosevelt Road, was closed after an initial investigation linked multiple customers with gastrointestinal illnesses to it during the first week of March. Health officials said the customers ate at the shop between February 24 and March 1.

According to the Centers for Disease Control, the bacteria can spread from contact with contaminated human waste or by eating contaminated food. Most who are infected develop diarrhea, fever and stomach cramps beginning a day or two after exposure. Symptoms usually end about a week later.

Although the infection rarely requires hospitalization, 11 of the people infected have been hospitalized during this outbreak. Ten of those people have been released.

Each year about 14,000 cases of Shigella infections, called shigellosis, are reported although health officials believe most cases go unreported and actual numbers may be twenty times greater.

If you or someone you loved has suffered a personal injury, we may be able to help you. Contact us for a free consultation.

Evanston Handheld Cell Phone Ban Begins

2010-03-15T09:04:00.000-07:00

A handheld cell phone ban goes into effect Monday in Evanston.

Evanston Police will issue verbal warnings from March 15 until March 22 in an effort to educate local drivers about the new ban. Warnings will not be issued to drivers involved in reckless or negligent driving resulting in an accident during that period.

The Evanston City Council passed the new ordinance February 10, 2010, banning the use of all handheld cell phones while operating a motor vehicle.

The ban outlaws texting while driving as well as sending emails, browsing the Internet or listening to voicemail. Drivers may talk on their phones as long as they use a hands-free device.

The ban follows many local bans including Chicago's ban in May 2005, which outlawed all handheld cell phone use.

Fines will start at $50 and may increase to $200 if an accident occurs while the driver is using the cell phone.

To view a copy of the City of Evanston's press release, click here.

If you or a loved one has been injured in a serious accident, our Chicago personal injury lawyers may be able to assist. Contact us for a free consultation.

Elgin Oks Modified Animal Control Ordinance

2010-03-14T20:46:00.000-07:00

The City of Elgin passed a modified new animal control ordinance last week that did not declare pit bulls dangerous dogs, as it had originally included.

The ordinance allows an animal control officer to declare an animal dangerous or vicious if the animal is involved in an attack.

The ordinance declared "dangerous dogs" and "vicious dogs" must be muzzled and kept on a six-foot non-retractable leash when walked. Owners would be required to obtain a $100 three-year license for the animals and would need to secure a $100,000 liability policy for dangerous dogs and a $500,000 liability policy for vicious dogs.

The dog must be walked by someone 18 years or older and the must be microchipped. The dog must be confined to the inside of a house or may be outside only if there is an enclosed six-foot locked fence. The dog must also be spayed or neutered.

The council had originally proposed to declare all pit bulls dangerous dogs, automatically subjecting them to the new restrictions and fees. The ordinance had been proposed, in part, as a response after reports of unleashed pit bulls in neighborhoods and after a small dog was attacked and killed last year.

If you or a loved one has been injured in an animal attack, we may be able to help. Contact us for a free consultation.

Woman, Baby Killed At Metra Train Crossing

2010-03-14T19:33:00.000-07:00

A woman and a 1-year-old baby she was carrying were killed Saturday morning when they reportedly crossed in front of an incoming train at a North Chicago Metra station.

The woman was the girl's godmother, according to police. She had been carrying the toddler and was crossing from a parking lot over to the station.

Witnesses reported the warning lights and whistles were sounding when the pair were struck about 8:50 a.m. The train had not been scheduled to stop at the North Chicago station.

The woman was pronounced dead at the scene and the baby was pronounced dead a few hours later at a nearby hospital.

If you or a loved one has suffered personal injuries in an accident, Dwyer & McDevitt may be able to assist you. Contact Dwyer & McDevitt for a free consultation.

Elgin City Council To Vote On Pit Bull Ban

2010-03-09T17:36:00.000-08:00

The Elgin City Council is set to vote Wednesday on new laws that would set several new limits for pit bull owners.

The new ordinance would define pit bulls as dangerous dogs and would require additional steps be taken to protect neighborhoods from them. Dangerous dogs are required to be registered and licensed with the City of Elgin.

If the ordinance passes, the dogs must be muzzled and kept on a six-foot non-retractable leash when walked. They must be walked by someone 18 years or older and the must also have a microchip implanted in them. The dog must be confined to the inside of a house or may be outside only if there is a six-foot anchored closed fence throughout the yard. The fence must include secure locks, signs warning of the dog and the animal must not be able to dig underneath it. Additionally, the dog must also be spayed or neutered

“An extensive review of the State Animal Control Act and dog regulations throughout the country also demonstrated that the City’s current ordinance could be improved with respect to the care and keeping of animals,” said Elgin’s Corporate Council William A. Cogley.

The three-year license would cost $100 for a pit bull if the ordinance passes. Owners must also obtain a $500,000 insurance policy to cover themselves if their dog should attack someone.

Laws would go into effect June 1, 2010 and all dogs must be licensed by July 1, 2010.

According to the City of Elgin, more than 500 cities in 38 states have enacted special laws specifically for pit bulls.

Read a copy of the proposed ordinance here.

If you or a loved one has been injured in an animal attack, we may be able to help. Contact us for a free consultation.

11 Injured In South Side Accident

2010-03-08T04:44:00.000-08:00

Eleven people were injured Sunday afternoon in a two-vehicle crash -- including seven children.

One adult was hospitalized in critical conditions, according to officials. The remaining victims were taken to the hospital in good to fair conditions.

The crash happened at the intersections of 68th Street and Racine Avenue about 2:40 p.m. Two vans were carrying the 11 victims.

If you or a loved one has been injured in an accident, our firm may be able to help you. Contact us for a free consultation.

13 Injured In Crash Between CTA Bus, Big Rig

2010-03-08T04:38:00.000-08:00

Thirteen people were injured Sunday afternoon, one critically, in a crash on the West side of Chicago between a CTA bus and a semitrailer.

The crash happened just before 5 p.m. at Loomis Street and Cermak Road, according to reports.

Three people were taken to area hospitals, including a critically injured woman and two people who were less seriously injured.

According to officials, 12 of the injured were on the bus and the 13th injured person was the truck driver, who refused treatment at the scene.

If you or a loved one has been in an accident, we may be able to help. Contact us for a free consultation.

Truck Driver Crashes on Highway After Heart Attack

2010-03-02T20:39:00.000-08:00

A truck driver crashed and died early Tuesday morning after suffering a heart attack on Highway 80 in Indiana.

Police were called to the crash just before 2 a.m. where they found Lawrence Reed of Ohio in his truck, which had crashed into a utility pole.

According to witnesses, he was driving eastbound on the highway where he was seen swerving and weaving in and out of cars before exiting the road and hitting the pole.

Doctors said he died of cardiac arrest.

If you or a loved one has been injured in an accident, call our law offices for a free case evaluation.

Recording Shows No Signs Of Distress Before Small Plane Crashed

2010-02-27T06:45:00.000-08:00

Review of radio communications between a Learjet that crashed January 5 and the control tower showed no signs of distress from the plane.

The small plane crashed in a forest preserve, killing both the pilot and co-pilot right after it had been cleared to land; about a mile from the Wheeling airport.

The recording was released Thursday by the Federal Aviation Administration. The National Transportation Safety Board is still investigating.

The contents of the voice recorder from the plane has been recovered, but its contents have not been made known.

A flight instructor at the airport said the plane had just been cleared to land as it was making its final descent, and nothing out of the ordinary was apparent on the recording.

The plane dove into the Des Plaines River. It was owned and operated by a Michigan-based company and had begun its flight near Pontiac, Mich.

If you or a loved one has been injured in a plane accident, we may be able to help. Contact us for a free consultation.

Evanston To Increase School Zone Speeding Fines to $550

2010-02-26T18:59:00.000-08:00

A new law increasing fines for speeding in Evanston school zones is set to go into effect March 8.

The Evanston City Council voted to increase the fines from $200 to $550 because many felt the set school zones speed limits were not being obeyed. Motorist should slow down to 20 miles per hour between 7 a.m. and 4 p.m. when school is in session.

According to reports, $50 would go to the schools and the other $500 would go to the city.

Many studies have shown people hit by vehicles going 20 mph suffer significantly less life-threatening injuries than those hit by vehicles going just 10 mph faster.

If you or a loved one has been injured by a moving vehicle, Dwyer & McDevitt may be able to assist you. Contact us for a free consultation.

Man Cited For Striking Deputy With Car

2010-02-25T18:43:00.000-08:00

A man was cited Wednesday for striking a Cook County Sheriff's Deputy with the vehicle he was driving.

The driver received multiple tickets, including driving under influence of alcohol, driving under the influence of drugs, driving on a suspended license, possession of alcohol in a motor vehicle and not using proper care to avoid pedestrians in the roadway.

According to the sheriff's office, the deputy approached the driver just before 11 a.m. Wednesday morning on Randolph Street to ask the man how long he had been parked there. The driver allegedly drove toward the deputy as the deputy was approaching the car, striking the deputy in the leg as he repeatedly told the man to stop.

The man then reportedly stopped his vehicle and as the deputy interviewed him, he noticed an empty 40-ounce alcohol bottle in the man's lap, said the man had bloodshot eyes and smelled of alcohol.

The Chicago Police arrested the man. His court date is set for March 23.

If you or a loved one has been injured by a driver under the influence of alcohol, contact our law offices for a free consultation. We may be able to help.

Wall Street Editorial Regarding Tort Reform

2010-02-24T18:32:00.000-08:00

The following editorial was published in the Wall Street Journal. It addresses the role that trial lawyers and product liability litigation play in advancing public safety.

The following op-ed appeared in the Wall Street Journal on Monday, February 23, 2010.

Why We Need Trial Lawyers

Toyota is only the latest example of lethal defects gone unaddressed by

regulators.

By MARK ROBINSON AND KEVIN CALCAGNIE

The alleged need for "tort reform" has become a refrain in American

political life. Yet for all the demonizing of trial lawyers, the

reality is that product-liability litigation has become an ever more

important means of keeping consumers safe.

Case in point: the current Toyota Motor Corp. recalls, with their

attendant revelations of corporate obfuscation. This is only the most

recent situation in which lethal defects have gone uncorrected for

years at least in part because of insufficient government oversight.

In model after model, as we've now learned, car owner complaints were

either minimized or ignored altogether by Toyota and by the regulatory

agencies that were supposed to police the company. In one review of

federal records, the Los Angeles Times found 2,600 complaints of sudden

acceleration from 2000 to 2010 by Toyota and Lexus owners. And

according to CBS, recently released internal company documents indicate

that as far back as 2005 Toyota was tracing its sudden acceleration

problem to its software

-not to floor mats.

Yet for nearly a decade, neither Toyota nor federal regulators

aggressively addressed the problem. Toyota is now likely to face a

rising tide of class action lawsuits as consumers look to their

historic fallback: the courts.

Regulation is crucial to the creation of a level playing field for

consumers, particularly in this era of growing corporate power. But

regulation alone has never been enough. Federal agencies such as the

Food and Drug Administration (FDA), the Consumer Product Safety

Commission and the National Highway Traffic Safety Administration have

long been swamped by large work loads. And lobbyists are adept at

weakening and fending off regulations.

The laissez-faire policies of the Bush administration only further

weakened regulatory agencies by cutting funding and personnel, since

such agencies were viewed as an impediment to private-sector growth.

Government watchdogs soon found themselves so overwhelmed and

undermanned that they could scarcely do their jobs.

Consider the FDA. By the mid-2000s, the FDA's caseload extended to more

than 11,000 existing drugs, some 100 new drugs a year, and a breadth of

products from food to vaccines to medical devices that comprise

approximately 25% of all consumer spending.

Resources were stretched so thin that a 2006 report on drug safety by

the Institute of Medicine of the National Academies found that the FDA

simply couldn't ensure the safety of new prescription drugs. The

reasons given? Inadequate funds, cultural and structural problems, and

"unclear and insufficient regulatory authorities."

The FDA is just one example. Until April 2009, federal motor vehicle

safety standards were so weak that many vehicles could comply and still

sustain severe roof collapse from a force equivalent to a 5 mph parking

lot collision. Similarly, drivers and passengers are far too frequently

ejected in rear-end collisions because the minimum standard for

automobile seatback strength is so low that many folding lawn chairs

can pass the test.

The recession threatens to further starve the agencies responsible for

consumer safety, even as the tough economic climate subjects

manufacturers to brutal competition and discourages them from investing

in product safety on their own.

As a result, consumers are increasingly left with the courts not only

to compensate them when the regulatory system fails to protect them,

but also to deter manufacturers from cutting corners in the future.

Product liability lawsuits have played a crucial role in ensuring

public safety, encouraging-and sometimes compelling-manufacturers to

put safety first. A 1988 survey of 264 CEOS of manufacturing companies

found that a third had improved their product lines as a result of the

threat of litigation, 35% had improved product safety, and 47% had

improved warnings to consumers.

At the same time, such lawsuits have provided important assistance to

agencies overseeing product safety. Litigation involving defective

products has increased access by regulators and the public to critical

safety information about particular products. This has resulted in

stronger regulations, safer new products, and the removal of dangerous

products from the market. Just last year, in Wyeth v. Levine, the

Supreme Court noted that state tort suits "can serve as a catalyst" for

regulatory action.

Litigation has not only advanced public safety, but has encouraged

improvement in products almost too numerous to mention: air bags, seat

belts, child safety seats, tires, minivan doors, hot water vaporizers,

children's pajamas, farm machinery, firearms, building materials,

tobacco products, intra-uterine contraceptive devices, tampons,

sleeping pills, anti-depressants, pain medication, appetite

suppressants and many more. Toyota is just another sign of how much

work remains to be done.

Strong product liability laws remain vital to public health and safety-

no matter how passionate the political debate on tort reform.

Mr. Robinson, managing partner at Robinson, Calcagnie & Robinson in

Newport Beach, Calif., has represented plaintiffs in the Ford Pinto,

Vioxx, major tobacco and other cases. Mr. Calcagnie is a senior partner

at the firm.

Man Killed, Good Samaritan, Passenger Injured In Crash

2010-02-22T06:15:00.000-08:00

A man was killed and two others were injured early morning Sunday when the man's car broke down on Highway 394.

The man and his wife were driving home about 2 a.m. from a night out when the 1999 Pontiac Grand Am they were in broke down along the side of Highway 394 near Lynwood. Reportedly, an officer stopped to help the couple and said he would call for help but was unable to stay at the scene. The couple later told the tow truck driver the officer had called they no longer needed him because a friend was heading to get some tools to help them.

A good Samaritan driving by then stopped to try to help start their car. When the two men went to check the battery, another vehicle then hit the men and the woman, killing the driver of the Pontiac and seriously injuring the good Samaritan as well as the passenger in the Grand Am.

Police said the driver who hit the three was later in another accident and was being held in custody but no charges had been filed as of Sunday afternoon.

If you or a loved one has been injured in a hit-and-run accident, our lawyers may be able to assist you. Give us a call for a free consultation at 312-332-0072 or visit us on the web.

Hit-And-Run Accident Injuries 5, Including 3 Pedestrians

2010-02-21T13:54:00.000-08:00

A hit-and-run accident on the city's Near North side early Sunday morning injured three pedestrians as well as two passengers in a taxi.

The hit-and-run vehicle was heading east on Division when it struck a taxi with two passengers, drove a bit further and struck another taxi. It is unclear which vehicle hit the pedestrians, but three pedestrians were also injured in the course of the accident.

The unidentified vehicle fled the scene. Police said some surveillance videos may hold some information and the videos were being reviewed.

If you or a loved one has been injured in an accident, we may be able to help you. Contact Dwyer & McDevitt for a free consultation.

Woman With Flat Tire Is Struck, Killed On I-294

2010-02-16T06:31:00.000-08:00

A woman who got a flat tire was struck and killed by a semi early Tuesday morning when she got out to check on her flat.

The 34-year-old woman has not been identified, but Illinois State Police said she was traveling south on I-294 just after midnight and had pulled over to check on her flat tire.

Shortly after, a semi hit her and went on to side swipe her car. At this time, the police do not believe drugs or alcohol played a factor in the accident.

If you or a loved one has been injured in an accident, we may be able to help you. Contact Dwyer & McDevitt for a free consultation.

University Of Illinois Study: Cell Phone Bans Decrease Personal Injuries In Urban Areas

2010-02-15T05:32:00.001-08:00

A study conducted by the University of Illinois found cell phone bans more effective in cities and around areas of dense populations versus rural areas. The study also found a drop in personal injuries in all the areas with a handheld cell phone ban.

The study, released last week, found urban areas with a larger number of licensed drivers were positively impacted by handheld cell phone bans. The study also found more rural areas did not see the same effect that the urban areas did.

Sheldon H. Jacobson, a computer science professor and the director of the simulation and optimization laboratory at Illinois conducted the study. In the study his co-researchers analyzed the accidents in 62 counties in New York before and after a handheld cell phone went in effect in 2001.

The analysis showed 46 of the counties experienced lower fatal accidents and all 62 experienced fewer personal injuries from accidents.The study also showed the accident rate substantially decreased in areas such as New York, Queens and the Bronx.

“What that suggests is, if you have a congestion of cars and you’re distracted, you’re more likely to hit someone,” Jacobson said. “If you have a lower congestion of cars, you’re still distracted, but you’re less likely to hit anyone because there are less people to hit. It’s simple probability.”

Even though the ban didn't seem to have the same effect on rural areas, Jacobson said it doesn't mean those bans are worthless.

“Hand-held cell phone bans are very valuable in high-density urban areas, but less so in lower-density rural areas,” Jacobson said. “But that doesn’t mean they have no impact in rural areas. It just means that such legislation is less likely to have an impact on driver accident rates.”

Jacobson said the difference between his study and one recently published by the Highway Loss Data Institute, is that he used publicly available data and the number of licensed drivers as a proxy for accident prediction. The Highway Loss Data Institute showed handheld cell phone bans in four major areas of the United States had no positive impact on the accident rate.

The team picked New York because the state has had a cell phone ban in place since 2001. Chicago has had a handheld cell phone ban in place since 2005. The state of Illinois enacted a ban on texting while driving in January.

If you or a loved one has been injured in a serious accident, our Chicago personal injury lawyers may be able to assist. Contact us for a free consultation.

Young Man Struck, Killed By Amtrak Train In Downers Grove

2010-02-15T05:04:00.000-08:00

A 22-year-old man was struck and killed when he stepped in the path of an oncoming Amtrak train Saturday afternoon in Downers Grove.

The man was reportedly dropped off at the Belmont Metra station to catch a Metra train about 2:30 p.m. Saturday afternoon. He was attempting to reach the opposite platform. He apparently crossed over the tracks in front of a westbound Amtrak when he was struck.

The man was pronounced dead at the scene.

Downers Grove police continue to investigate the accident.

If you or a loved one has been injured in a serious accident, our Chicago personal injury lawyers may be able to assist. Contact us for a free consultation.

Evanston Approves Cell Phone Ban

2010-02-10T11:20:00.000-08:00

The Evanston City Council approved a ban Monday night on the use of handheld cell phones will driving.

The ban makes it illegal for any driver to use a handheld device while driving a motor vehicle. The ban includes talking on a phone without a hands-free device and texting or emailing. Some proponents of it spoke to the council at the January 26th meeting, asking them to considered even a tougher ban outlawing all cell phone use while driving.

At the January meeting, James Heller, President of the Evanston Bicycle Club, said although the group would welcome any ban, they would like to see a stricter one enacted.

The issue has been front and center in recent years as more serious and fatal accidents have been attributed to cell phone use.

In May 2005, Chicago banned handheld cell phones while driving. In January, the state of Illinois enacted a ban on texting while driving.

If you or a loved one has been injured in a serious accident, our Chicago personal injury lawyers may be able to assist. Contact us for a free consultation.

2010-02-10T05:51:00.001-08:00

There has been a lot of talk about the impact that the recent decision by the Illinois Supreme Court which found caps on patient compensation to be unconstitutional will have on doctors and hospitals in Illinois. The Illinois Trial Lawyers Association recently published a paper describing the issues in the medical malpractice debate which shows why medical malpractice claims are not the problem doctors believe them to be, that malpractice claims have not had any impact on the number of doctors in the state including obstetricians and neurosurgeons, and that medical malpractice claims have little or no effect on overall health costs.

The entire paper published by the Illinois Trial Lawyers Association is republished below.

The Whole Truth About Medical Malpractice and Insurance

February 2010

Illinois Trial Lawyers Association

401 West Edwards Street

Springfield, IL 62704

800-252-8501

www.iltla.com

The Whole Truth About Medical Malpractice and Insurance

Executive Summary

In 2005, Illinois enacted an arbitrary $500,000 cap on the total amount of non-

economic damages recoverable by patients in medical malpractice cases against

doctors and an arbitrary $1 million cap in cases against hospitals. Proponents of the

cap argued that malpractice claims and verdicts were skyrocketing, driving doctors

out of Illinois, and raising health care costs. These arguments were a complete

fiction, and the insurance companies’ own data proves the medical malpractice

“lawsuit crisis” is a myth.

Claims and payouts have been stable. Court records show that the annual

filings of malpractice lawsuits in Illinois steadily decreased before the enactment of the

damages caps in 2005 and thereafter. The insurance companies’ regulatory filings

show that since 2000, both frequency and severity of malpractice claims and payouts

have been stable, or even decreasing. It was necessary for the proponents of caps to

resort to statistical manipulations to argue for caps. For example, before 2003, the

state’s largest medical malpractice insurer, ISMIE, counted a claim involving both an

ISMIE-insured doctor and an ISMIE-insured medical corporation or clinic as a single

claim. In 2003, ISMIE altered its reporting system and, for the first time ever, began

to count a combined doctor/clinic claim as two claims. This change doubled the

number of reported claims overnight. Then in 2005, in hearings before the General

Assembly, ISMIE grossly overstated its expected future total payouts on claims to

argue for caps — but after the cap was passed, ISMIE substantially lowered those

numbers and admitted the cap had nothing to do with the change.

The “judicial hellhole” claim is another myth. The data show that Cook,

Madison and St. Clair counties have seen the same trend of stable, if not declining,

frequency and severity of medical malpractice claims.

Insurance companies have enjoyed record profits. Insurance company data

reveals that total insurance payouts remained flat between 2000 and 2005, while

malpractice insurance rates dramatically increased. The result was record insurance

company profits and gold-plated compensation packages for insurance executives.

ISMIE’s net income doubled in three consecutive years (2004 through 2006), and it

earned a record profit of $50.2 million in 2006. ISMIE added profits of $40 million in

2007 and $34 million in 2008, making it one of the most profitable carriers in the

country.

Insurance rate fluctuations are the result of market conditions. Insurance

companies have admitted that business conditions and diminished returns on

financial investments – rather than malpractice claims – were responsible for the

increase in insurance rates.

Insurance reforms, not caps, will deal with excessive insurance rates.

Insurance reforms have created new competition in the insurance market and

stabilized and even lowered rates. Insurance regulation superimposed upon market

conditions is the only effective way to control insurance rates.

Medical malpractice claims have had little effect on hospitals’ bottom line.

Although hospitals have asserted that they face increased numbers of claims, they

have never placed their internal data in the public domain and therefore has never

been independently verified. There is ample reason to be skeptical. After hospitals

submitted a selective analysis of Cook County verdicts to the General Assembly in

2005, re-analysis (which included complete verdict data) showed that noneconomic

damages awards against hospitals actually declined from 2002-2003. Moreover,

hospitals have been prospering financially and enjoying record profits, without caps

having had any impact.

Assertions of a physician “exodus” are phony. The number of doctors in

Illinois has increased every year since 1963— measured statewide in total terms, per

capita, and even for specialists like neurosurgeons and OB/GYNs. Illinois’ growth in

physician supply has outpaced all but one of Illinois’ thirteen neighboring states, even

though most of those states have damages caps.

The health care cost argument is phony. Authoritative studies by

independent scholars have consistently shown that medical malpractice claims and

lawsuits have little or no effect on overall health care costs.

Improved patient safety prevents malpractice lawsuits. Medical malpractice is

a leading cause of death and injury in the United States, injuring an estimated 180,000

and killing tens of thousands of Americans annually. Preventing malpractice in the

first place is the best way to avoid malpractice litigation.

History repeats itself. Tales of a medical malpractice “crisis” were told in 1975,

1985, and 1995 – a ten-year, repeating pattern that further underscores that insurance

rates are related more to the business cycle and insurance company investment

income than to tort claims. In response to each tale of “crisis,” Illinois adopted

arbitrary tort reform laws. Each time courts held key parts of the laws

unconstitutional, and every time caps were included in the laws, they were held to be

unconstitutional. Each time bogus predictions were made that “the sky-is-falling”

and that the court action would cause another “crisis,” and each time these claims

were subsequently discredited. This time will prove to be no different.

THE WHOLE TRUTH ABOUT MEDICAL MALPRACTICE AND INSURANCE

In 2005, Illinois enacted a law imposing an arbitrary cap of $500,000 on the total

amount of noneconomic damages recoverable by patients in medical malpractice cases

against doctors and $1 million in cases against hospitals. The law was passed to address

allegations that malpractice claims and verdicts were out of control and were causing: (1) a

spike in malpractice insurance rates; (2) a “flight” of many doctors from Illinois; (3) higher

health care costs; and (4) financial problems for hospitals. Caps on damages were said to be

the solution to all these problems.

But these allegations had no basis in reality, or in “Reality Medicine,” to borrow a

slogan from ISMIE, the predominant malpractice insurer for doctors in Illinois.1 As one

scholar recently noted, “in fact almost all of the claims made to support tort reform in the

area of medical malpractice are not consistent with the empirical data.”2

• The medical malpractice “lawsuit crisis” is a myth.

• Since 2000, malpractice insurance rates have dramatically increased while the

frequency and severity of malpractice claims and payouts have not.

• As in the rest of the state, Cook, Madison and St. Clair counties have seen the

same trend of stable, if not declining, frequency and severity of medical malpractice claims, a

trend which puts the lie to libelous allegations that these counties are “judicial hellholes.”

• The dramatic increases in malpractice insurance rates in the years leading up

to 2005 were not needed to pay claims, because there was no increase in claims.

• Medical malpractice insurance rate increases between 2000 and 2005 arose from

insurers’ business decisions and reduced investment returns, not medical malpractice claims.

• The net result of the medical malpractice insurance rate increases was record

insurance company profits and gold-plated compensation packages for insurance executives.

• Medical malpractice claims have had little effect on hospitals’ bottom line.

• The assertion of a physician “exodus” is phony. The number of doctors in

Illinois has increased every year since 1963- measured statewide in total terms, per capita, and

for specialists like neurosurgeons and obstetricians. Illinois’ growth in physician supply has

even outpaced many states that have damages caps, including all but one of Illinois’ thirteen

neighboring states.

• Independent authoritative studies have consistently shown that medical

malpractice claims have little or no effect on overall health care costs.

• Insurance reform, not lawsuit reform, is the only way to reduce excessive

malpractice insurance rates. The recent decline in medical malpractice insurance rates was

the result of government oversight leading to increased competition in the insurance market.

• Medical malpractice is a leading cause of death and injury in the United States,

injuring over 180,000 and killing tens of thousands of Americans annually. Improved patient

safety is the best way to prevent malpractice cases − by preventing malpractice in the first

place.

• History repeats itself. The same cries of a medical malpractice “crisis” were

also heard in 1975, 1985, and 1995 – a ten-year, repeating pattern that further underscores the

fact that insurance rates are related to insurance business cycles and investment income

rather than to malpractice claims. In response to each “crisis,” Illinois adopted laws

restricting patient rights. Each time the courts held laws unconstitutional – twice specifically

holding caps unconstitutional. Each time the dire predictions that the court action would

cause another crisis proved completely unfounded.

Now yet again, the Supreme Court’s recent decision in Lebron was based upon its

consistent history of rulings that non-economic damages caps are unconstitutional. The

Court observed that “we do not write today on a blank slate,”3 and explained that its decision

in Best v. Taylor Machine Works striking down non-economic damages caps in medical

malpractice and other kinds of tort cases, “is as valid today as it was in 1997 and controls the

disposition of the present case.”4

The Court noted that its decision also invalidated malpractice insurance reforms

included in the legislation only because of the inseverability clause in the legislation which

required all other parts of the law to fall with the invalid damages cap. The Court stressed

that these other insurance market reforms were “deemed invalid solely on inseverability

grounds, [and] the legislature remains free to reenact any provisions it deems appropriate.”5

These highly effective insurance reforms should be reenacted as soon as possible.

I. The Medical Malpractice “Lawsuit Crisis” is a Myth.

The Illinois State Medical Inter-Insurance Exchange (“ISMIE”) raised its

malpractice rates by about 80 percent between 2000 and 2004 (5 percent in 2000, 12.47 percent

in 2001, 15 percent in 2002, 35.2 percent in 2003, and 7.2 percent in 2004).6 ISMIE blamed this

on dramatic increases in “frequency” and “severity” of claims but ISMIE’s own data show

the opposite – claims frequency and severity were stable or even decreasing.

A. “Frequency” was Stable, or Even Decreasing

“Frequency” is “insurance-speak” for the number of claims and lawsuits filed. ISMIE

contended that claims frequency had doubled, a contention disproven by ISMIE’s own data.

The data clearly shows that there was no material change in the frequency of claims –

frequency was actually stable or even decreasing.

When the damages caps were enacted in 2005, the number of claims ISMIE had paid

each year had already been generally declining, according to ISMIE’s own annual statements,

required by law to be filed with the Department of Insurance.7 In 1998, ISMIE paid a total of

400 claims, in 2000 it paid 340, and every year since then it has paid fewer than 300. By 2008,

the number had fallen to 257.

ISMIE - Number of Claims Paid by Year

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199419951996 1997 1998 1999 20002001 2002 2003 2004 20052006 2007 2008

ISMIE’s data likewise show a flat or even downward trend in the percentage of

claims on which it made a payment to the plaintiff. During a Department of Insurance rate

hearing later in 2005, in analyzing “the ratio of claims that are closed with an indemnity

payment to total closed claims,” an actuary for ISMIE admitted under oath that historically

this ratio has “been relatively flat, possibly decreasing” since 2000.8

Medical malpractice payouts have also been on the decline nationwide for years. The

National Practitioner Data Bank, which tracks such payments, shows that the number of

malpractice payments nationwide in 2008 was the lowest since its creation in 1990, and was

the third consecutive year in which the number of medical malpractice payments fell to an all-

time low.9 Another report from the National Center for State Courts showed that the number

of malpractice cases filed between 1996 and 2006 dropped by 8 percent.10

Court records show that the number of medical malpractice lawsuits filed in

Illinois each year had been stable and then decreasing before the enactment of the damages

caps in 2005.

Illinois Med Mal Lawsuit Filings by Year

500

1000

1500

2000

2500

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

)

Researchers at Tennessee State University found that there is no evidence to support

the claim that in recent years jury verdicts in medical malpractice cases nationwide have

increased significantly.11 One scholar has noted “the number of medical malpractice cases

being filed per capita has dropped over the last ten years, as have tort filings generally. Even

in the states that the AMA has labeled ‘crisis states,’ the number of cases per capita has been

dropping.”12

It was not until after the cap became law that ISMIE representatives admitted under

oath that there was no actual data to support its claim of an increase in frequency of claims.13 In

questioning ISMIE executives at a hearing in September 2005, the Director of the

Department of Insurance noted that “[f]rom, say, 2003 to 2004, the data doesn’t show an

increase in frequency or severity,” and repeatedly pressed ISMIE for its explanation of the

premium increases.14 Under oath, high-level ISMIE representatives were completely

incapable of answering a simple question: why had the number of “claims” reported to the

Department more than doubled from 2002 to 2003, around the time of ISMIE’s 35 percent

increase in insurance premiums?15

ISMIE’s Vice President of Claims sent the Director a delayed but damning response.

He stated that he was “stunned” by the question and ISMIE’s inability to answer it at the

hearing. He explained that before 2003, a claim or lawsuit involving both an ISMIE-insured

doctor and the doctor’s ISMIE-insured medical corporation (or clinic) had always been

reported as one claim. Starting in 2003, ISMIE changed its reporting system and, for the first

time ever, began to report a claim against both a doctor and a clinic as two claims.16 Such

double-counting accounts for much of the “increase” in claims reported by ISMIE to the

Department in 2003 and thereafter. The abrupt and covert change ISMIE made in 2003 to its

longstanding practice of reporting combined doctor/clinic claims as a single claim had

provided it with a phony yet dramatic “increase” in claims—one of its two stated reasons for

its increase in premiums.

ISMIE employed other deceptive claim-counting practices to concoct the myth of a

“crisis.” ISMIE’s counting system registers five separate claims if five ISMIE doctors are

sued in one case.”17 If thereafter a jury determines that one of those doctors is guilty of

malpractice and the other four are not, ISMIE deems 80 percent of the “claims” in that

lawsuit “closed without payment” to the patient and without merit. Such a system inflates

both the number of “claims” and the number of supposedly non-meritorious claims.

Prominent advocates for limiting patients’ rights, such as well-known tort-reform advocate

and American Tort Reform Association (ATRA) general counsel Victor Schwartz, admit

that frivolous medical malpractice lawsuits are uncommon, “There is no question that it is

very rare that frivolous suits are brought against doctors. They are too expensive to bring.”18

Still other deceptive reporting practices by ISMIE served to inflate claim figures.

ISMIE provided selected closed claim records to the General Assembly in 2004 which

included many “claims” which were open for only months, weeks, or days, for which

nothing was spent on administrative or defense costs.19 After the cap was enacted in 2005,

ISMIE representatives belatedly admitted under oath that the broad definition that it had

been using for “claim” also included “incidents,” which are not really claims at all, let alone

lawsuits. “Incidents” included a request or subpoena for the doctor’s records, a subpoena to

give a deposition, being named as a respondent in discovery, a complaint from the

Department of Professional Regulation and even the belief of a doctor that he had committed

an action for which he would be sued even when no lawsuit was ever filed.20 After learning

of this, the Director of the Illinois Department of Insurance ordered ISMIE to cease this

practice of counting these other types of “incidents” as claims.21

In short, there was no real increase in frequency of claims, and ISMIE’s assertion

otherwise was based on statistical trickery.

B. “Severity” was Also Stable, or Even Decreasing

“Severity” is “insurance-speak” for the amount of a claim payment. In 2005, ISMIE

told the General Assembly that severity was dramatically rising, but this assertion is belied

by ISMIE’s own filings with the Department of Insurance which show that its average claim

payment had essentially peaked by 2003 and had plateaued thereafter.

ISMIE - Average Paid Claim Amount by Year

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500

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700

800

1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

)

If the average payment per claim had merely kept pace with medical inflation, (9.3

percent in 2000, 11.3 percent in 2001, 10.7 percent in 2002, 8.4 percent in 2003, and 8.2 percent in

200422) it would have risen from its level of $480,000 in 2000 to over $771,000 in 2004, the year

before the enactment of the damages cap. Instead, the average payout in 2004 was only

$535,000 – far below the rate of medical inflation. The average amount ISMIE paid on a claim

in 2004 even without adjusting for inflation was slightly less than the average of $558,000 in 2002

and 20 percent less than the 2003 average of $667,000.23 In 2005, ISMIE inflated the average

numbers to generate phony hysteria and influence elected officials and the media to support

the damages caps.24

Moreover, ISMIE’s cry of increased “severity” ignores how severity actually affects

its payouts and rates. ISMIE purchases reinsurance to cover claims in excess of $500,000,

meaning that all of its risk in excess of $500,000 is transferred to the reinsurer, no matter how many

ISMIE doctors or clinics are sued. A mere 7.4 percent of the total insurance premiums paid by

doctors funds this reinsurance cost – a low figure showing that the reinsurance market

recognizes that the assertions of increased “severity” were phony from the start.25 ISMIE

has stated that it is comfortable with its level of reinsurance,26 a level which ISMIE

representatives have admitted under oath allowed it to absorb annual total estimated claim

payout errors up to $90 million per year.27

A further reality of “severity” is that it is rudimentary math that if an insurer is

paying out a consistent total amount each year for all claims (as shown in Section C) with

fewer claims paid each year, the average claim “severity” will rise. At a rate hearing in

September 2005, after the enactment of the damages caps, the Director of the Department of

Insurance pressed ISMIE executives for verification of ISMIE’s claim of increased severity

of claims.28 ISMIE representatives admitted under oath that they had no actual data to support

the assertion of an increase in severity.29

Thus, both premises of the damages cap – supposed increases in frequency and

severity of claims – were completely false.

C. Total Annual Payments Were Stable

ISMIE’s total annual payments also refute arguments for its rate increases. ISMIE’s

annual statements filed with the Department of Insurance demonstrate that since 1994 its

total annual payouts have been remarkably stable (between $138 million to $175 million except

when payouts plummeted to $100 million in 1995), while it has collected twice as much or more

in premiums each year.

100

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450

199419951996199719981999200020012002200320042005200620072008

lio

)

ISMIE Premiums ISMIE Paid Claims

Adding defense costs to the claim payouts shows a similar pattern:

100

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450

199419951996199719981999200020012002200320042005200620072008

lio

)

ISMIE Premiums ISMIE Paid Claims & Defense Costs

As will be discussed further in Section E, the combination of stable payouts and increased

insurance rates facilitated record profits and well compensated executives.

D. “Judicial Hellholes” Are Another Myth.

The claim that there are three “judicial hellholes” in Illinois, specifically Cook,

Madison and St. Clair counties, is a malignant myth. These counties have been unfairly and

falsely tagged by corporations and insurance company special interests as legal venues

attracting soaring numbers of lawsuits resulting in allegedly excessive jury awards.

There is no evidence in these supposed “hellholes” of a lawsuit epidemic, of increased

jury trials, or of increased plaintiff success rates.”30 An academic study concluded that

“[e]xcept for a decrease in 2004, filings have remained relatively steady since 1998, although

there are some yearly fluctuations.”31 In particular, the study found that from 1996 to 2001 in

Cook County, the number of jury trials held relatively steady. In 2002, the number of trials

increased only 10 percent. In 2003, the number of trials decreased to 99. In 2004, there were

two more trials than 2001. In 2003, it was reported that the average jury award in medical

malpractice cases tried in Cook County had dropped to a three-year low.32 From 1999 to 2003,

the number of Cook County claims paid by ISMIE steadily decreased from approximately

220 to about 160.33

Court records from St. Clair and Madison counties show:

• Out of nearly 400 malpractice and wrongful death cases filed in St. Clair

County between 1996 and 2003, only three resulted in jury verdicts. Plaintiffs won two, both

involving Memorial Hospital in Belleville ($950,000 and $780,000), and one was in favor of

the defendants.34

• Out of 320 medical malpractice and wrongful death cases filed in Madison

County between 1996 and 2003, only eleven resulted in verdicts — four in favor of plaintiffs

($1.8 million, $470,000, $75,000 and $25,000) and seven in favor of defendants.35

ISMIE’s 1999 to 2003 closed claim records for Madison and St. Clair counties show

that, ISMIE paid no more than 10 claims per year in St. Clair County and no more than 11 in

Madison County. The average paid claim was less than $400,000 and over 80 percent of those

claims were settled for less than $250,000.36 For each year, only $5 million per year was paid out

in both counties combined, a very small fraction of ISMIE’s statewide payments (see Section

C). ISMIE has not released numbers by county since 2003.37

Hence, the “judicial hellhole” claim is another myth.

E. Medical Malpractice Insurance Rate Increases Resulted in Record Profits and

Gold-Plated Compensation for Executives.

ISMIE’s own data from 2000-2004 (and thereafter) show an extended period of

stability of claim frequency, claim severity and total payouts. “Reserves” are the amounts an

insurer sets aside to pay claims. Not surprisingly, ISMIE’s rate increases served to generate

large insurance reserves for the company. This was exacerbated by ISMIE’s practice of

consistently over-estimating its reserve requirements (also known as “incurred losses”),

calculating premiums on that basis, and then revising its reserve requirements downward later.

For example, in 2003, ISMIE predicted that it would ultimately be required to pay out $188.6

million for claims from that year but the next year had revised this estimate down to $150.7

million, a decrease of over 20 percent. In 2004, ISMIE predicted that it would ultimately be

required to pay out $201.6 million for claims from that year, but has now revised this amount

downwards to $165.1 million, or a drop of 18.1 percent. Its 2005 estimates were overestimated

by a similar percentage.

ISMIE Incurred Loss Estimates by Year

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2004 2005 2006 2007

lio

)

Then Now

Not surprisingly, ISMIE’s business practices have generated record profits, also

known as “net income,” which doubled in three consecutive years (2004 through 2006), with

a record profit of $50.2 million in 2006. ISMIE added profits of $40 million in 2007 and $34

million in 2008.

ISMIE Net Income by Year

-20.2

-3.2

-61.7

34.4

40.1

50.2

23.6

11.7

19.8

5.0

17.5

21.3

12.0

11.3

23.0

-80

-60

-40

-20

1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

lio

)

ISMIE’s net income loss of $61.7 million in 2002 was followed by its 35 percent across-the-

board rate increase in 2003, which it has attributed to increased frequency and severity of

claims, however, ISMIE has admitted that, “…[I]nvestment income was down in 2002 because of

the drop in interest rates. Additionally, ISMIE realized significant losses from the sale of WorldCom,

Tyco, and Qwest securities.” 38 ISMIE’s own explanation shows the absence of any link to the

supposed medical malpractice “crisis.”

ISMIE’s net income of $50.2 million in 2006 and $40.1 million in 2007 represented the

most profitable years in its 32-year history.39 ISMIE’s records show that even as it was asserting

market conditions had forced it to raise insurance rates, it was spending large sums on

political campaigns, executive loans and big-ticket salaries.40 ISMIE, which insured 60 percent of

Illinois physicians – had doled out to CEO Alexander Lerner and other ISMIE executives a

variety of perks since the late 1990s. Meanwhile the insurer was raising premium costs by 120

percent in some cases.41 “The fall in claims was good news for ISMIE’s bottom line, which

more than doubled, and for the pocketbooks of top executives, some of whom got raises as

large as 33 percent. CEO Alexander Lerner – one of six ISMIE execs who pull down

$400,000 or more annually – saw his pay rise 4.5 percent to nearly $1 million.”42 In 2002,

ISMIE paid $4.9 million to Donald Udstuen, its former chief operating officer, just before he

pleaded guilty to crimes of dishonesty.43 The next year, ISMIE increased its premiums by 35

percent. Dr. Frank C. Madda, an ISMIE-insured doctor who unsuccessfully sought a seat on

the ISMIE board of directors, noted that “[t]he whole thing stinks to high heaven.”44

In short, ISMIE’s own data show that the dramatic increases in premiums between

2000 and 2004 were not needed to pay claims, because there was no increase in total payouts,

claim frequency or severity. Instead, the premiums produced record insurance company

profits and gold-plated compensation packages for insurance executives.

F. Insurance Rates are a Function of Industry Practices and General

Economic Factors.

Experts studying medical malpractice insurance companies have concluded that

“[w]hile insurers and other tort reform proponents blame malpractice litigation for the hard

market premium increases, they are in fact consistently driven by the insurance companies'

response to the broader economic cycle.”45 State insurance regulators, including the former

Acting Director of the Illinois Division of Insurance, agree.46

ISMIE told the General Assembly that some doctors’ malpractice insurance

companies left Illinois in the years leading up to 2005 because of the litigation environment

in the State. However, in filings with the Security and Exchange Commission (SEC) in

2000,47 ISMIE said there were six malpractice companies in 1992, and that later in the 1990s, a

competitive market developed when the stock market was booming and medical malpractice

insurance was more profitable and an additional twenty or so companies entered the Illinois

market. ISMIE told the SEC that the additional companies left as soon as the stock market

went down and the insurance “hard market” hit around 2002, so as of 2005, there were five

companies. This was a net loss of only one since 1992. The number of companies was a function

of trends in the financial markets, not of claims (which were stable in any event).

Furthermore, in the 2005 insurance rate hearings looking into ISMIE’s rate increases, ISMIE

representatives admitted under oath that the company’s 2000-2004 rate increases were an

attempt to catch up after insurance market conditions had reduced its profitability.48 In fact,

its representatives acknowledged under oath that ISMIE discovered in 2002 that it had

mismanaged its reserves and failed to maintain them at adequate levels.49 Its rate increases

had been an attempt to compensate for its own business mistakes.

Another major factor behind the rate increases was that ISMIE was “not getting the

investment yield that it might have received at one time . . . .”50 Almost all of ISMIE’s

investments are in fixed-interest assets.51 The interest rate on those assets dropped from

about 6 percent during a “soft” market to about 3 percent by 2005.52 Each 1 percent drop in the

interest led to ISMIE’s raising its premium rates by 5 percent to 6 percent.53 Thus, ISMIE

representatives admitted under oath that a very substantial portion of its rate increases was

required by changes in its investment outlook, even setting aside ISMIE’s past mistakes in

pricing in the earlier “soft” market. In short, ISMIE’s claims payments had nothing to do

with its rate increases.

Independent scholarship has overwhelmingly concluded that malpractice insurance

rates are a function of business conditions and investment income rather than claims.

Thomas Baker, a professor at the University of Pennsylvania Law School and formerly the

director of the Insurance Law Center at the University of Connecticut, has carefully

reviewed the available empirical evidence:

[T]he two most recent medical liability insurance crises [mid-1980s and early

2000s] did not result from sudden or dramatic increases in medical malpractice

settlements or jury verdicts. Instead . . . the crises resulted from dramatic

increases in the amount of money that the insurance industry put in reserve

for claims. Those reserve increases were so big because the insurance industry

systematically under-reserved in the years leading up to the crisis.54

Another group of scholars (one of whom testified on the same subject at Illinois House

Judiciary Hearings in 2005) analyzed fifteen years of closed medical malpractice claims in

Texas and reached the same conclusion:

This evidence suggests that no crisis involving malpractice claim outcomes

occurred. It thus also suggests a weak connection between claims-related costs

and short-to-medium-term fluctuations in insurance premiums. . . . [T]he

more likely explanation is that much of the rise in premiums reflects insurance

market dynamics, not litigation dynamics.55

The Wall Street meltdown of 2008-2009 provides another illustration of the cyclical nature of

financial markets. The fact that insurance companies’ revenues are closely tied to the

performance of their investments underscores the irrelevance of claims and lawsuits, let

alone caps on them, in determining insurance rates.

G. Insurance Reform has the Only Real Effect on Malpractice Insurance Rates -

Not Caps on Damages.

To be sure, overall since 2005 medical malpractice insurance rates for individual

doctors have not increased as sharply as they did in the period from 2000-2004. However, in

2005 ISMIE increased rates for a large number of specialties, including cardiologists, family

practice doctors, general practitioners, infectious disease specialists, and nephrologists, and

increased rates for all corporations/clinics by 25 percent.56 ISMIE has stated that it kept its

rates “steady” for 2007 and 2008 – but “steady” is not what it promised when seeking the

damages cap in 2005. As one doctor commented, “They’re making a lot more money now,

and we still haven’t seen our rates go down.”57

To the extent insurance rates went down, any decrease cannot be attributed to the

damages cap. “ISMIE has said publicly that the caps won’t justify rate cuts until a court

upholds the limits against expected court challenges.”58 In addition, proponents of the caps

testified before the General Assembly that, even after the cap was implemented, there would

be a three-year lag before it would have a financial impact.59

ISMIE has a reputation for stifling competition. "ISMIE complained to Aon (a

reinsurer) in the mid-1990s that Aon’s brokers were taking their clients away from ISMIE

and directing them to buy insurance from competing firms. According to two former Aon

employees with direct knowledge of the situation, ISMIE’s chief operating officer (Donald

Udstuen) met with representatives of Aon’s reinsurance brokerage and threatened to fire

Aon as its reinsurance broker unless Aon brokers stopped taking their clients to ISMIE’s

competitors. After the meeting, Aon’s insurance brokers were told to stop redirecting their

clients away from ISMIE, the sources said.”60

A competing insurance executive explained “ISMIE’s near-monopoly has really

squeezed anybody from coming in here. Nobody knew how to set their rates.”61 Under

insurance reforms enacted along with the damages cap in 2005, ISMIE was required for the

first time to make its actuarial and claims data available to its previously disadvantaged

competitors. This new access has allowed competing insurance companies to accurately

assess how to write policies in Illinois and to set competitive rates. The positive effect of the

insurance market reforms has been noted by no less an authority than Michael McRaith,

Director of the Illinois Department of Insurance, who explained: “For the first time in the

history of the state, [malpractice] insurance companies that want to compete for business in

Illinois have access to actuarial information and loss and claims data…We see more companies

coming in and a stabilization or decline in actual rates.”62 Director McRaith added “[m]ore

companies are looking at Illinois as a viable marketplace because of the availability of this data”63 – not

that the caps were effective. ISMIE competitors agree. “Ann Storborg, Vice President of

Investor Services for Michigan-based American Physicians Capital Inc., says it helped to

have access to ISMIE’s data as a benchmark.”64

Thus, insurance reform – not caps on damages – is the proper remedy. The American

Bar Association, for example, has consistently advocated that the insurance industry should

be subject to the same antitrust laws as every other industry and that Congress should amend

the McCarran-Ferguson Act to eliminate the insurance exception to the antitrust statute.65

Caps on damages in malpractice cases have been low in California since 1976.

Thirteen years after the enactment of those caps, doctors’ malpractice insurance rates had

increased by 450 percent and reached an all-time high.66 In 1988, Proposition 103 was passed

by California voters which:

• Rolled back rates to 20 percent lower than rates in effect the year before for all

property and casualty insurers, including medical malpractice insurers

• Froze rates for one year.

• Refunded billions of dollars to policyholders.

• Created “prior approval” regulation of insurers, which allows the insurance

commissioner to reject or alter rate increase requests.

• Allowed consumers to challenge insurers’ rate increase proposals.

• Ended the insurance industry’s exemption from anti-trust laws.

• Made the Insurance Commissioner an elected position.

Proposition 103 mandated refunds to be paid by major medical malpractice insurers. In the

early 1990s, three of the state’s largest malpractice insurers – The Doctors Co., Norcal

Mutual and SCPIE – refunded $69 million to doctors to comply with Proposition 103.67

In fact, nationwide data show that average malpractice insurance rates for physicians

as a whole are nearly identical in states with and without damages caps.68 Average insurance

rates for obstetrician/gynecologists (“OB/GYNs”) are similarly virtually identical in cap

and non-cap states.69 Average insurance rates for general surgeons are 9.3 percent higher in

states with caps.70 Average insurance rates for internal medicine are 9.9 percent higher in

states with caps.71

A study by a third-party ratings agency found that in states with damages caps, the

median annual malpractice insurance rates increased by 48.2 percent between 1991 and 2002,

but in states without caps, the median annual rates rose at a slower rate—by 35.9 percent.

Among the states with caps, only 10.5 percent experienced flat or declining medical

malpractice insurance rates. In contrast, among the states without caps, the record was

actually better: 18.7 percent experienced flat or declining rates. The study concluded that

- 21 -

“[t]here are other, far more important factors driving the rise in med mal premiums than

caps or med mal payouts.”72

The experience of states surrounding Illinois is instructive as well. Iowa, which has

lower indemnity payouts than Illinois, has not enacted a cap on noneconomic damages but

instead has adopted a more aggressive program of professional discipline for negligent

doctors.73 Indiana, which in 1975 enacted one of the nations strictest caps on total medical

malpractice damages, experienced an increase in claims and payments during the 1980s.74

A high-level insurance executive has been candid in saying, “I don’t like to hear

insurance-company executives say it’s the tort system – it’s self-inflicted.”75 An internal

document citing a study written by Florida insurers regarding that state’s omnibus tort

“reform” law of 1986 said that “[t]he conclusion of the study is that the noneconomic cap . . .

[and other tort ‘reforms’] will produce little or no savings to the tort system as it pertains to

medical malpractice.”76 Sherman Joyce, President of the American Tort Reform Association

(ATRA-the very organization that has rated certain Illinois counties as “judicial hellholes”) has

admitted: “We wouldn’t tell you or anyone that the reason to pass tort reform would be to

reduce insurance rates.” 77 Victor Schwartz, General Counsel of the ATRA, has admitted:

“Many tort reform advocates do not contend that restricting litigation will lower insurance

rates, and I never said that in 30 years.”78 Ed Murnane, Chairman of ATRA and the

longtime President of the Illinois Civil Justice League, the main Illinois front group for

insurance companies supporting caps, admitted in 2005 that caps will not lower insurance

rates for doctors: “We have never made the claim that a cap is going to lower insurance rates.”79

Thus, the reduction in insurance rates since 2005 is plainly not due to the damage caps

but to other provisions of Public Act 94-677—specifically, insurance rate regulation, rules for

creating transparency and competition in the insurance market, and other insurance

- 22 -

regulatory measures. On March 14, 2006, under this new authority and as follow-up to the

ISMIE rate hearings which had taken place in late 2005, the Department of Insurance ordered

ISMIE to reduce its insurance rates, create a dividend distribution process to give refunds to

policyholders, and change the manner in which it was counting claims.80 These reforms, and

not the damages cap, directly addressed the issues of abuses in the insurance industry, which

have been a major factor leading to higher insurance rates.

A cap is not the answer to any problems with medical malpractice insurance rates-

insurance reform is.

II. Medical Malpractice Claims Have Had Little Effect on Hospitals’ Bottom Line.

Hospitals have also asserted that they are threatened by rising malpractice claims.

Although hospital representatives testified before the General Assembly in 2005 as to the

number of claims they faced, the internal data they presented has never been placed in the

public domain and therefore has not been independently verified.81 There is ample reason to

be skeptical of the hospitals’ assertions. For example, after the hospitals submitted to the

General Assembly their selective analysis of Cook County verdicts, re-analysis (which

included complete verdict data) showed that noneconomic damages awards against hospitals

actually declined from 2002-2003.82

Moreover, hospitals have been prospering financially, even before any impact could

have been realized from the damages caps. Northwestern Memorial Hospital reported a net

profit of $142.9 million for 2007, an increase of 33.3 percent from 2006.83 The University of

Chicago Medical Center reported a net profit of $140.8 million for 2007, Rush University

Medical Center reported $120.7 million, and Loyola University Medical Center reported $31.1

- 23 -

million.84 The University of Chicago Medical Center’s net profit was up 32 percent in 2008 to

almost $190 million.85

Advocate Health Care Network has reduced its self-insured retention for general

liability and professional liability claims from $15 million to $12.5 million,86 not through a

damages cap but by instituting safety measures including onsite obstetricians and mandatory

breaks for surgeons.87

Advertising for Chicago metropolitan hospitals is ubiquitous. The hospitals are also

the subject of news stories -- and not because of a medical malpractice crisis:

• Northwestern Memorial Hospital’s 2004 investment income increased to $68

million, up from $7.9 million in 2003.

• Northwestern Memorial Hospital’s 2004 net profit was up 448 percent from

2003.

• Northwestern Memorial Hospital is reported to have $1 billion in assets.

• Northwestern Memorial Healthcare’s retiring CEO received a $17 million

golden parachute when he retired in 2006.88

• Northwestern is moving to purchase the site of Lakeside VA Hospital, after

already spending over $1 billion on additions to its campus over the past

decade.89

• Northwestern recently opened a luxurious $507 million women’s hospital

featuring “spectacular lake views and 42-inch flat-screen televisions loaded

with movies for order.”90

• Northwestern is planning to replace or rebuild Lake Forest Hospital at the cost

of hundreds of millions of dollars.91

• Advocate Health Care’s 2004 investment income increased 73 percent, to $69

million from $40 million in 2003.

• Advocate Health Care’s 2004 net profit was $148 million, up 16 percent from

2003.

• Advocate Hospitals continues to acquire new hospitals and expand upon

existing ones.92

• The Rehabilitation Institute of Chicago recently announced it has purchased

the property upon which it will be building a new hospital costing several

hundred million dollars. 93

• The State Health Planning Board rejected requests for two new hospitals in

Lake County because the county already has too many hospital beds.94

In 2005, representatives from the Chicago Hospital Risk Pooling Program (CHRPP),

affiliated with the Metropolitan Chicago Healthcare Council, told the General Assembly

that independent factors in the insurance market had nothing to do with the hospitals’

problems. However, earlier that year the same Council had said precisely the opposite, as the

following quotes from its slides show:

A. The Medical Liability Crisis: Why Does it Exist?

During the 1990s, medical liability was one of the most profitable lines of insurance

in the casualty industry.

• Lower than expected claims losses.

• A reduction in funds set aside to cover future liability.

• Low overall inflation, and equally-low health inflation.

• Solid returns on insurance company stock market investments.

Malpractice insurers responded by only modestly increasing premiums. Many

even scaled back their rates.

B. The Medical Liability Crisis: Why Does it Persist?

Today, however, few insurers remain in the metro Chicago area. The reasons:

• Insurers’ investment income has declined

• To boost insurance company profitability in what has been a down or

stagnant economy, the insurers that remain continue to raise their

premiums to boost revenues and improve their balance sheets.”

Thus, the hospitals’ own statements show that insurance and investment markets –

and not tort claims – are the reason for any financial difficulties they may have faced in the

past.

III. The Physician “Exodus” is a Myth and Cannot Justify Caps.

Rising malpractice insurance rates have supposedly caused a physician “exodus” from

Illinois. This allegation is false. Quite simply, Illinois has been gaining doctors, not losing

them. Since 1963 (the earliest year for which comprehensive data was publicly available from

the American Medical Association (“AMA”)), and particularly from 1998 to 2008, the

number of total patient care doctors in Illinois steadily increased:

Number of Doctors in Illinois by Year

34,375 35,395 35,943 36,361 37,020

37,908 38,513 39,240 39,986 40,255

37,608

5,000

10,000

15,000

20,000

25,000

30,000

35,000

40,000

45,000

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

Source: Physician Characteristics and Distribution in the U.S., Various Editions,

American Medical Association

According to official statistics compiled by the AMA and the Illinois Department of Public

Health, the number of physicians licensed and engaged in “patient care” in Illinois has

steadily increased and has never declined for the past 45 years, both in net numbers and in

relation to Illinois’ rising population.95 Significantly, this consistent trend spans both (i) the

“crisis” periods that preceded enactment of other tort reform measures struck down in 1976,

1986, and 1997, and (ii) the periods after those decisions were decided, during which cap

proponents had predicted that doctors would flee unless the caps were upheld.

In fact, Illinois has consistently had a higher rate of “physicians per 100,000 residents”

– the metric of physician availability used by the AMA to compare one state to another and

one period to another – than twelve of Illinois’ thirteen neighboring states, nine of which

have caps on medical malpractice damages.96 The rate of licensed physicians has risen from

134 doctors per 100,000 persons in 1963 to 302 doctors per 100,000 persons in 2005.97 The only

state with a higher rate of doctors per capita is Minnesota, which has never had a cap.

In 2005, only fifteen states in the country had a higher rate of licensed physicians per

100,000 population than Illinois – Connecticut, Hawaii, Maine, Maryland, Massachusetts,

Minnesota, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Rhode Island,

Vermont, Virginia, and Washington.98 Only three of those fifteen states have damages caps:

Maryland, Massachusetts, and Virginia. Illinois also has more doctors per capita than three

other states – California, Ohio, and Texas – frequently cited by tort reformers because of

their damages caps.99

Nor are caps effective, let alone necessary, to remedy any supposed problem of

physician “flight” in medical sub-specialties. Data from the AMA and the Illinois

Department of Health show continuing increases over the past 45 years in both the number

and the per capita rate of Illinois licensed and patient care physicians practicing in medical

specialties such as OB/GYNs and neurosurgeons.100 Illinois’ leading business journal

observed in 2005 that “data likewise fail to support the medical lobby’s claims that Illinois is

losing doctors in those specialties. An analysis by the American Board of Medical Specialties

shows Illinois registered 3 percent or more neurosurgeons and 2 percent more OB/GYNs in

the past year.”101

Further, the number of physicians practicing in the 51 counties in the largely rural half

of the state south of Springfield has even steadily increased, both in total numbers and in

proportion to the region’s population.102 The rate of all licensed doctors in southern Illinois

rose from 141.71 per 100,000 population in 1995, to 163.73 per 100,000 population in 1999, and to

179.91 per 100,000 population in 2005. Similarly, the rate of all primary care physicians rose

from 118.99 per 100,000 population in 1995, to 134.20 per 100,000 population in 1999, and to

147.99 per 100,000 population in 2005.

The claim of “doctor flight” has always been suspect. A 2005 report noted that “[t]he

number of doctors licensed in Illinois rose 9 percent in the last three years, despite assertions

that physicians are fleeing to neighboring states with lower malpractice insurance rates.”103

A spokeswoman for the Illinois Department of Financial and Professional Regulation

explained, “We’re not seeing an unstable market for docs in Illinois.”104 By comparison,

during the same time period (2002 through 2005), the number of licensed doctors in Indiana,

which has had a damages cap in medical malpractice cases since the 1970s, declined by 18

percent.105 “[L]icensing data for Illinois and the surrounding states doesn’t reveal any

correlation between the physician population and liability caps.” 106

In 2003, the Center for Organization and Delivery Studies at the U.S. Department of

Health and Human Services compared physician supply in 1970 and 2000 in each state and

found that the per capita supply of doctors in Illinois increased by 74.2 percent, more than

that experienced by many states that capped medical malpractice damages.107 At the same

time, eleven of the eighteen states that experienced the highest (more than 100 percent)

growth in per capita supply of doctors did not have caps.

One reason that caps have not produced a growth in physician population is that

malpractice insurance does not represent a significant portion of a doctor’s expenses. Suffolk

Law Professor Marc Rodwin and several colleagues published a study based on thirty years of

AMA data in Health Affairs (the leading peer-reviewed journal of health policy and

research). The study concluded that, while the “list price” of malpractice premiums

periodically rose and fell from 1970 to 2000, the premiums actually paid by physicians rarely

exceeded 10 percent of a doctor’s “total practice expenses” – typically amounting to only 6 to

7 percent of those expenses – and an even smaller percentage of a doctor’s “total practice

income” or gross revenue.108 Office rent, medical supplies and equipment, and health

insurance for staff all absorb a far greater portion of a physician’s expenses. Moreover, the

study found that a far greater cause of physician dissatisfaction was declining practice

revenue stemming from the policies of Medicaid, Medicare, and HMOs/PPOs to limit

reimbursements for medical procedures.

California, which has had damages caps for over 25 years, confirms that caps do not

address doctors’ real complaints. The California Medical Association conducted a survey of

19,000 physicians and found that 58 percent reported having experienced difficulty attracting

other physicians to join a practice. More than 25 percent of physicians had difficulty in

recruiting doctors in various counties in California, particularly in primary care, neurology,

orthopedic surgery, and neurosurgery. More than one-fourth of physicians stated that they

would no longer choose medicine as a career if starting over today, and more than one-third

of those who would still choose medicine would not choose to practice in California. Forty-

three percent of all California doctors planned to close their practices within three years.

The study included letters from specialists, including OB/GYNs and neurosurgeons,

predicting that in the near future there would be no specialists in many areas of California.

The primary reasons cited for leaving were low insurance reimbursement, problems with

managed care plans, and government regulation.109 Hence, a cap does not address any of the

reasons for doctor dissatisfaction or flight.

An exhaustive nationwide study showed that the supply of OB/GYNs had no

statistically significant association with malpractice insurance rates or tort reforms and that

damages caps do not help states attract and retain high-risk specialists.110

Another recent study found that New York data “also contradict another claim often

made by hospital lobbyists and doctors’ advocates: that high malpractice premiums are

driving doctors out of the state. In fact, the report states the number of doctors practicing in

New York has grown at a rate more than five times the rate of growth in the state’s

population.”111

Moreover, the physician “flight” argument fails to acknowledge that some doctors –

those guilty of repeated acts of malpractice – should be leaving the profession. The National

Practitioners Databank reports that 5 percent of the doctors who have made malpractice

payments over the last fifteen years were responsible for almost one-third of the costs.112

In 2005, the St. Clair County Medical Society and local hospitals ran ads claiming that

160 various unnamed specialists had supposedly left the area because their malpractice rates

were so high. Despite repeated requests for the names of these specialists, none have ever been

disclosed. William Sprich, formerly of St. Clair County and now practicing in Missouri, is a

neurosurgeon who can safely be assumed to be on that “list.” Seven lawsuits were filed

against him in the 1990s and thirteen from 2001 through 2004. One of the cases was filed by a

patient, himself a doctor, who sustained severe injury from spine surgery, during which Dr.

Sprich allegedly ignored the warnings of the operating room nurses that the equipment he

was using was defective. The Illinois Department of Professional Regulation responded to

this incident with only a reprimand. But when this same incident was reported to the

authorities in Ohio in 2003, his license was permanently revoked and then surrendered. 113

John Petrovich, a Granite City surgeon, has been sued in at least fifteen cases. One

suit alleged that a health care worker was fired by Granite City Hospital after stating that

Petrovich was using cocaine. Petrovich also pled guilty in 2005 in the U.S. District Court for

the Southern District of Illinois to one felony charge of health care fraud. Pursuant to the

plea agreement, he admitted that he knowingly participated in a scheme to defraud the

Illinois Medicaid program and his scheme was in connection with the delivery of

prescription drugs. According to a statement issued by the U.S. Attorney, Petrovich

admitted he rented a hotel room in Caseyville in 2004, where he was visited by a female

Medicaid recipient. According to the U.S. Attorney, Petrovich admitted the purpose of the

visit was not to provide medical treatment, but to prescribe anti-anxiety and pain relief

medication for the Medicaid patient and others solely for recreational use. “Petrovich knew

and understood that the Illinois Medicaid program would not pay for prescription drugs

under those circumstances, and at times even told the beneficiary to pay cash rather than

using Medicaid,” according to the statement.114

Proof of a doctor “exodus” is clearly lacking but even if there was such proof, it could

not justify damage caps given (i) the absence of any link between malpractice litigation and

malpractice insurance rates, and (ii) the failure of caps to lower malpractice insurance rates.

Tellingly, the widespread allegations and anecdotes about doctors fleeing Illinois

abruptly stopped as soon as the cap went into effect in 2005 – rather odd if they were leaving

because of high malpractice insurance rates since there had been no immediate drop in the very

malpractice insurance rates that were supposedly making them leave. The “physician exodus”

claim is phony.

IV. Medical Malpractice Claims Have Little to no Effect on the Cost of Health Care

Proponents of caps have suggested that malpractice claims – in addition to raising

malpractice insurance rates – also increase the cost of health care, both directly through jury

awards and indirectly through “defensive medicine” and unnecessary procedures. Just as

there is no evidence to support the malpractice insurance argument, there is no evidence to

support the health care costs argument – an argument which has been refuted by objective

scholarship time and again.

In 2004, the Congressional Budget Office (CBO) concluded that “even large savings

in [medical malpractice] premiums can have only a small direct impact on health care

spending – private or governmental – because malpractice costs account for less than 2

percent of that spending.”115 In 2008, CBO again concluded that, “[b]y reducing the average

size of malpractice awards, tort limits would ultimately reduce the cost of malpractice

insurance premiums, but in CBO’s estimation, the effect would be relatively small – less

than 0.5 percent of total health care spending.”116

On the issue of “defensive medicine,” CBO’s 2004 report found such evidence to be

“weak or inconclusive”117 and “at best ambiguous.”118 The report also observed that

malpractice premium increases were attributable at least in part to “reduced income from

[insurance company] investments and short-term factors in the insurance market.”

“Insurance companies’ investment yields have been lower for the past few years, putting

pressure on premiums to make up the difference.”119 In that same report, CBO concluded

that, “[o]n the basis of existing studies and its own research, CBO believes that savings from

reducing defensive medicine would be very small.”120

In 2006, CBO conducted its own empirical analysis of the link between tort reforms

and the use of health care services and concluded that the results were “mixed” and

“inconsistent,” noting that some tort limits reduce spending, whereas others have no effect or

actually increase spending.121 In December 2008, CBO stated that “[t]he evidence . . . is not

conclusive, and whether limits on malpractice torts have an impact on the practice of

medicine has been subject to some debate.” 122 The report concluded: “The Congressional

Budget Office has examined the issue by looking at the experience of states that

implemented limits on torts and has not found sufficient evidence to conclude that practicing

defensive medicine has a significant effect on health care spending.”123

Lakdawalla and Seabury (2009) concluded “policies that reduce expected malpractice

costs are unlikely to have a major impact on health care spending for the average patient, and

are also unlikely to be cost-effective over conventionally accepted ranges for the value of a

statistical life.” Indeed, the researchers found that, based on the value of a statistical life,

“malpractice reform is more likely to be cost-ineffective,” that “reducing malpractice costs is

more likely to harm than improve social welfare,” and “any policymaker wishing to defend

tort reform would need to depart from these accepted U.S. regulatory practices, and advocate

a lower value of statistical life than conventionally used, in order to justify their case.”124

Avraham, Dafny, and Schanzenbach (2009) found the impact of tort suits on health

care costs cannot be assessed. “To understand the social welfare implications of these

reforms, however, additional research on health outcomes and long-run costs is needed.”125

Sloan and Shadle (2009) found “assertions that tort reforms will reduce waste of scarce

resources seems, at best, highly premature,” and “it seems inappropriate to conclude that tort

reforms implemented to date succeed in reducing non-beneficial care as their proponents

would have it.”126

Baicker, Fisher, and Chandra (2007) concluded that malpractice premiums were not

responsible for physician exodus or defensive medicine and that changes in health care

spending could not be deemed to be “defensive medicine”: “To the extent that additional

malpractice costs mean greater precautionary testing with some medical value, any

additional procedures might be protective of patient health or valued regardless of their

therapeutic properties.” The study also found that “past and present malpractice payments

do not seem to be the driving force behind increases in premiums.” The study cited other

factors for premium increases, “such as industry competition and the insurance underwriting

cycle.”127

Currie and MacLeod (2008) found that, in the context of childbirth, caps on damages

“are found to increase procedure use, and hence costs. They also increase complications of

labor and delivery in some specifications. Hence, in one important example, tort reform that

reduces the malpractice risk facing doctors appears to increase rather than decrease procedure

use, with potentially harmful effects on patients.” The study concluded: “Without knowing

more about the specific incentives faced by physicians, it is hazardous to predict that a

specific tort reform will either reduce unnecessary procedure use or have beneficial impacts

on health.”128

Quite simply, quoting the headline of one recent editorial, “Malpractice Suits Aren’t

Driving the High Cost of Health Care.”129

V. Medical Malpractice is One of the Leading Causes of Death and Injury –Improved

Patient Safety Prevents Malpractice Claims.

Proponents of caps always ignore one inconvenient truth: medical malpractice, which

is the root of medical malpractice claims and lawsuits, is one of the leading causes of death

and injury in this country. The most direct way of reducing medical malpractice claims and

lawsuits is to reduce the incidence of malpractice.

The Congressional Budget Office (CBO) has recently estimated that over 180,000

patients are injured every year by medical negligence.130

Tommy G. Thompson, Secretary, U.S. Department of Health and Human Services

under the Administration of former President George W. Bush, has described the enormous

social problem posed by medical malpractice:

“The Institute of Medicine’s (IOM) landmark 1999 report, To Err is Human,

alerted the nation to the patient safety challenge in ways that prior studies had

not. The IOM estimated that between 44,000 and 98,000 Americans die each

year as a result of medical errors, making them the eighth leading cause of death

in the United States. More people die from medical errors than from

automobile accidents, breast cancer, or AIDS. While there has been subsequent

debate about the actual number of deaths, it is clear that the rate of medical

errors is unacceptably high.”131

Similarly, Newt Gingrich has criticized the medical profession:

“Consider this: Healthcare is the only industry in America that can give you a

disease and then charge you to cure the disease it gave you. Clearly this is an

outrageously wrong principle . . . . . The enormous number of needless deaths

from medical errors (44,000), hospital-induced infections (88,000), and

medication errors (7,000) is not only unacceptable, it is un-American.”132

A truly national response to the IOM’s call to reduce preventable injuries by 90

percent requires that every health care board, executive, physician, and nurse make patient

safety an absolutely top strategic priority—fully equal to the corporate priority of financial

health. And JAMA said that at a national level, such a commitment has yet to emerge;

indeed, it is not in sight 133

Caps have the unjust effect of insulating negligent (and even grossly negligent)

medical care providers from full accountability and instead forcing grievously injured

patients to bear the costs of “reform.” Indeed, the cruel irony of a cap is that it comes into

play only in meritorious cases, when a jury, trial judge, and reviewing courts all agree that a

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plaintiff’s claim has merit and that he or she is entitled to substantial damages. By

definition, a cap has the greatest impact on the most deserving and most seriously injured.

The oversight, risk management, serious financial penalties for negligent and

substandard care and other aspects of medical malpractice liability improve safety in the

provision of medical care, contributing to consumer protection in the market for physician

services. 134 Putting caps on damages would inhibit these efforts and hurt consumers.135

VI. History Repeats Itself- Medical Malpractice “Crises” are a Ten-Year Cyclical

Occurrence

The year 2005 was not the first time a claim had been made that there was a “medical

malpractice” or “lawsuit” crisis. The General Assembly had heard this in 1975, 1985, and 1995

– a ten-year, repeating pattern that further underscores that insurance rates are related more

to the business cycle and insurance company investment income than to lawsuits or claims.

In response to each “crisis,” Illinois enacted laws that drastically limited the rights of injured

victims, and despite the argument that the laws were necessary to address a supposedly

pressing problem, court decisions struck down each of the laws as unconstitutional.

In Wright v. Central DuPage Hospital Assn. (1976), the court struck down a $500,000

damages cap in medical malpractice cases. In Bernier v. Burris (1986), the court struck down a

system of medical review panels. And in Best v. Taylor Machine Works (1997), the court

declared unconstitutional a $500,000 cap on compensatory damages for noneconomic injuries

in personal injury cases, including medical malpractice cases.

After each of these decisions, there were dire predictions of catastrophe: malpractice

insurance rates would skyrocket, doctors would leave Illinois, and hospitals would shut

down. None of this ever came to pass. In fact, in its 2000 filing with the U.S. Securities and

Exchange Commission, ISMIE admitted that the Supreme Court’s invalidation of the 1995

damages cap in Best had not led to a higher level of claims and that ISMIE had “continued to

experience lower claims frequency as compared to historical patterns.”136

Now after the fourth consecutive cycle of “crisis,” it is now even more clear that the

factors leading to increased medical malpractice insurance rates are insurance company

business decisions, their investment income, and other economic factors - all completely

unrelated to actual lawsuit and claims experience. The insurance industry’s own data show

that medical malpractice claims and lawsuits in Illinois are stable – in total payouts,

frequency and severity.

In truth, the medical profession has had many exclusive and special legal protections

since 1985, just a few of which are:

• A doctor’s certificate of merit is required to file a lawsuit.

• Punitive damages are abolished.

• Plaintiffs’ (but not defense) attorneys’ fees are limited by statute.

• Periodic payments of verdicts can be chosen by an insurer.

Before passage of the 2005 cap, its proponents had requested and agreed to several other

unique protections under the law, only a few of which were eventually included in the law.

The proponents admitted that none of these provisions would have any meaningful impact upon the

issues at hand.137

In sum, malpractice insurance rates may be high, but claims and lawsuits are not the

root causes of these insurance “crises.” Let’s not be fooled again.

Conclusion

In the run-up to the 2005 cap legislation, special interest groups yet again made

unsupported, if not outright false, assertions that increases in claims and excessive awards by

“runaway” juries in “judicial hellholes” were causing higher malpractice insurance rates. The

special interests also alleged that doctors were “fleeing” Illinois in droves and that

malpractice cases were increasing the cost of health care. These misrepresentations entered

the debate as proven fact, were repeated without fact-checking or attribution, and left the

debate in the form of parroted legislative findings.

In truth, claims, lawsuits, and payouts have all been stable or declining, and are not

responsible for increases in doctors’ malpractice insurance rates. Nor have claims and

lawsuits caused a shrinkage of physician supply or an increase in the costs of health care.

It is time for the public debate to focus on fact rather than fiction, on the need for true

insurance reform and improved patient safety rather than irresponsible fear-mongering about

the justice system.

NOTES

Illinois State Medical Inter-Insurance Exchange (“ISMIE”), a mutual insurance company, has long been the

dominant medical malpractice insurer , insuring approximately 60 percent of the physicians in the state. Its

campaign for a cap had a slick public relations component, called “Reality Medicine.”

Edward J. Kionka, Things To Do (Or Not) To Address The Medical Malpractice Insurance Problem, 26 N. Ill. L.

Rev. 469, 471 (2006).

Lebron v. Gottlieb Mem. Hosp., Docket Nos. 105741, 105745 cons., slip op. at 23 (Ill. Feb. 4, 2010).

Lebron v. Gottlieb Mem. Hosp., Docket Nos. 105741, 105745 cons., slip op. at 25 (Ill. Feb. 4, 2010).

Lebron v. Gottlieb Mem. Hosp., Docket Nos. 105741, 105745 cons., slip op. at 24 (Ill. Feb. 4, 2010).

Illinois Dept. of Financial and Professional Regulation, Division of Insurance, In the Matter of the Medical

Malpractice Rate Increase of ISMIE Mutual Insurance and ISMIE Indemnity Company (available at

http://www.idfpr.com/DOI/pressRelease/pr05/110905MM.pdf) (hereinafter “ISMIE Rate Hearing”) (Nov. 9,

2005, pp. 5-6, 17

ISMIE Annual Statements filed with Division of Insurance, 1998-2005, Supplement “A” to Schedule T.

ISMIE Rate Hearing, Nov. 9, 2005, pp. 60, 63 (Conway) (emphasis added).

Public Citizen, The 0.6 Percent Bogeyman.

“I’m A Doctor. So Sue Me. No. Really.”, Rahul K. Parikh, MD, Salon.com, October 28, 2009.

Lewis L. Laska, Ph.D and Katherine Forrest, M.D., Faulty Data and False Conclusions: The Myth of

Skyrocketing Medical Malpractice Verdicts (June 2003).

Geoff Boehm, Debunking Medical Malpractice Myths: Unraveling the False Premises Behind “Tort Reform,” 5 Yale J.

Health Policy L. & Ethics 357, 358 (2005).

ISMIE Rate Hearing , September 27, 2005, pp. 20-21, 24, 236.

ISMIE Rate Hearing, Sept. 27, 2005, p.236.

ISMIE Rate Hearing, November 9, 2005, pp. 31-34, 41.

December 15, 2005, letter from ISMIE to Michael McRaith, Director, Illinois Dept. of Insurance, p. 5.

ISMIE Rate Hearing, November 9, 2005, p. 28.

Public Citizen, The 0.6 Percent Bogeyman.

February 5, 2004 letter from ISMIE to Senator Willian Haine, et al.

ISMIE Rate Hearing, November 9, 2005, pp. 28-29, 50-52.

Order of Department of Financial & Professional Regulation – Division of Insurance, March 14, 2006, ¶10-12.

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Bradley C. Strunk, Paul B. Ginsburg, John P. Cookson, “Tracking Health Care Costs: Spending Growth

Stabilizes at High Rate in 2004,” Data Bulletin No. 59, Center for Studying Health Care System Change (June

2005) (available at http://www.hschange.org/CONTENT/745).

March 15, 2004, letter from ISMIE to Senator Don Harmon.

James Tierney, ISMIE’s lobbyist, testified in the House Judiciary Committee on March 8, 2005, that whatever

pressures were driving the rate increases in 2003 had lessened in 2004. He overstated the average indemnity

payment in 2003 as $589,000 (vs. $535,000). (Mar. 8 hearing at 76). He also testified that the average indemnity

“may have declined in 2004 for the first time in a long time by single digits,” when in fact, there had been a

decline only three years earlier, in 2001. (Mar. 8 hearing at 77-78). In a press release on April 6, 2005, ISMIE

again overstated its average indemnity payment for 2003 as $589,000 and as $556,000 in 2004. In an April 7, 2005,

article in the Chicago Sun Times, ISMIE was quoted as saying that its average indemnity payment was $556,000

in 2004, and repeated Tierney’s statement that the average indemnity payment had dropped “6 percent” from

2003. ISMIE misrepresented the actual decline in average claim payments and never mentioned that there was

a decrease of 10 percent on its total payouts in 2004.

ISMIE Rate Hearing, September 27, 2005, pp. 26, 60, 64-69, 71-74, 77, 139, 143-146; November 9, 2005, pp. 232-

235.

ISMIE Rate Hearing, September 27, 2005, pp. 70-72.

ISMIE Rate Hearing, November 9, 2005, pp. 233-234.

ISMIE Rate Hearing,September 27, 2005, p. 236.

ISMIE Rate Hearing, September 27, 2005, pp. 20-21, 24, 236.

Medical Malpractice and the Tort System in Illinois; A Report to the Illinois State Bar Association, Neil Vidmar,

Ph.D., American Medical Association, Physicians Characteristics and Distribution in the US, 2005 Edition).

Id.

Chicago Daily Law Bulletin, June 10, 2003.

ISMIE has not publicly released county by county data since 2004 .

Belleville News Democrat, July 18, 2004.

February 5, 2004 letter from ISMIE to Senator William Haine, et al.

Id.

Management’s Discussion and Analysis, 2002 ISMIE Annual Statement..

Crain’s Chicago Business, April 10, 2008.

Belleville News Democrat, January 1, 2006.

Id.

Crain’s Chicago Business, March 20, 2006.

- 40 -

“Rebels Take Aim at ISMIE,” Crain’s Chicago Business, Mar. 28. 2005, p. 8.

Id.

Geoff Boehm, Debunking Medical Malpractice Myths: Unraveling the False Premises Behind “Tort Reform,” 5 Yale

J. Health Policy L. & Ethics 365 (2005).

House Judiciary Hearing,, Mar. 1, 2005, at 7 (Manna testimony); Senate proceedings, Mar. 1, 2005, at 33.

ISMIE Holdings Inc., Amendment No. 3 to Form S-4, Registration Statement Under the Securities Act of

1933 filed with SEC (Feb. 14, 2000).

E.g., ISMIE Rate Hearing, Sept. 27, 2005 pp. 95-96 (“we just missed the rates that were needed”); Nov. 9, 2005,

pp. 18-19 (Washburn) (“we did not have the rates correct in previous years, and because of that, the rate

increases had to be dramatic when it came to be 35 percent.”).

Id. at 229 (“in 2002 [ISMIE] discovered [its] reserves were deficient” and had to increase premium rates).

ISMIE Rate Hearing, September 27, 2005, p. 54.

House Judiciary Hearing, Mar. 1, 2005, p.62 (Angoff testimony); Senate Judiciary Committee Hearing, Mar.

10, 2005, p. 33 (Manna testimony).

ISMIE Rate Hearing, Nov. 9, 2005, pp. 150-51.

House Judiciary Hearing, Apr. 7, 2005, pp. 41 (D’Arcy testimony).

Thomas Baker, The Medical Malpractice Myth 53-54 (2005).

Bernard Black, Charles Silver, et al., “Stability, Not Crisis: Medical Malpractice Claim Outcomes in Texas,

1988-2002,” 2 J. Empirical Legal Stud. 207, 210 (July 2005).

The maximum premiums for corporate/entity polices rose in the 2006-2007 policy year to 25 percent of the

sum of the five highest premiums for physicians within the entity. Previously the maximum premium was

calculated as the average of the five highest physician premiums. ISMIE also prohibited physicians from

dropping the corporate coverage.

Dr. Ellen Brull, quoted in “Doctors’ Insurer Sees Profit Soar,” Crain’s Chicago Business, Apr. 14, 2007.

“Med-mal Insurer Sees Claims Fall,” Crain’s Chicago Business, Mar. 20, 2006.

House Judiciary Hearing, Feb. 23, 2005, p. 92 (testimony of Max Brown of Rush Univ. Hospital.).

Chicago Tribune, December 12, 2004.

“Suddenly Insurers Covet Illinois Docs,” Crain’s Chicago Business, Nov. 25, 2006.

St. Louis Post-Dispatch, August 18, 2008.

“Suddenly Insurers Covet Illinois Docs,” Crain’s Chicago Business, Nov. 25, 2006.

Illinois Issues, March 2008.

- 41 -

The ABA House of Delegates adopted a resolution to that effect in Feb. 1989. The ABA testified most

recently on October 8, 2009 on McCarran-Ferguson Act reform before the House Judiciary Committee,

Subcommittee on Courts and Competition Policy.

The Foundation for Taxpayer and Consumer Rights, How Insurance Reform Lowered Doctors’ Medical

Malpractice Rates in California and How Malpractice Caps Failed.

Source: California Department of Insurance

“New Data Shows Tort Law Changes Won’t Reduce Malpractice Premiums,” available at

www.justice.org/clips/premiums2009.pdf.

Id.

Martin D. Weiss, Ph.D, et al., Medical Malpractice Caps: The Impact Of Non-Economic Damage Caps on

Physician Premiums, Claims Payout Levels, and Availability of Coverage at 3 (June 3, 2003).

House Judiciary Hearing, February 23, 2005, p. 72 (Hard testimony).

Kinney, et al., Indiana’s Medical Malpractice Act: Results of a Three-Year Study, 24 Ind. L. Rev. 1275, 1286

(1991); see also David Morrison, In Search of Savings: Caps on Jury Verdicts Are Not a Solution to Health Care Crisis,

7 Loy. Consumer L. Rep. 141, 149 (1995) (showing that Indiana’s cap on damages has not resulted in a savings for

health care consumers).

Donald J. Zuk, chief executive of SCPIE Holdings, Inc., a leading malpractice insurer in California, Wall

Street Journal, June 24, 2002.

Medical Professional Liability, State of Florida, St. Paul Fire and Marine Insurance Company, St. Paul

Mercury Insurance Company.

Study Finds No Link Between Tort Reforms and Insurance Rates, Liability Week, July 19, 1999.

“Tort Reforms Don’t Cut Liability Rates” Business Insurance, July 19, 1999) (paraphrased).

Ed Murnane, Chicago Daily Law Bulletin Tort Reform Summit, May 17, 2005.

Dept. of Financial and Prof. Regulation, Division of Insurance, Order, In the Matter of the Medical

Malpractice Rate Increase of: ISMIE Mutual Insurance Company (available at

http://www.idfpr.com/DOI/pressRelease/pr06/03142006ISMIEDecision.pdf). See also “Insurance Department

Orders Rate Breaks for Many Illinois Doctors,” Chicago Defender, Mar. 15, 2006, at 2; Steven R. Strahler, “Med-

Mal Insurer Sees Claims Fall; Profit and Executive Pay Rose at ISMIE in 2005,” Crain’s Chicago Business, Mar.

20, 2006, at 2.

House Judiciary Hearing, Mar. 8, 2005, p. 81 (Kane testimony).

Id. at 59-68 (Hebeisen testimony); “Caps on Damages Protect Insurers at the Expense of Those Injured or

Killed by Medical Malpractice: The Patients’ Perspective” (2005), at 8-11 (submitted to General Assembly and

available in the Supplemental Appendix (pp. 209-12) of Plaintiffs-Appellees in Lebron v. Gottlieb Memorial

Hospital, Nos. 105741 & 105745 (Ill. S. Ct.)).

- 42 -

Crain’s Chicago Business, Apr. 7, 2008, at 31-32.

Crain’s Chicago Business, November 16,2009

“Risk Management Changes Improve Health Care Delivery,” Business Insurance, April 28, 2008, at 11.

Crain’s Chicago Business, February 18, 2008.

Crain’s Chicago Business, August 25, 2008.

“Betting On Baby,” Crain’s Chicago Business, Oct. 8, 2007.

Chicago Tribune, “Bid For Hospital Offers New Site”, November 26, 2009

Crain’s Chicago Business, September 8, 2008.

Chicago Tribune, “Hospital Preps For New Facility”, December 15, 2009

Crain’s Chicago Business, November 30,2009: April 9, 2008; October 2, 2006.

Medical Malpractice and the Tort System in Illinois; A Report to the Illinois State Bar Association, Neil Vidmar,

Ph.D., American Medical Association, Physicians Characteristics and Distribution in the US, 2005 Edition);

Amicus Curiae Brief of Professor Neil Vidmar, et al., in Lebron.

Id.

Medical Malpractice and the Tort System in Illinois; A Report to the Illinois State Bar Association, Neil Vidmar,

Ph.D., American Medical Association, Physicians Characteristics and Distribution in the US, 2005 Edition;

Amicus Curiae Brief of Professor Neil Vidmar, et al., in Lebron.

Medical Malpractice and the Tort System in Illinois; A Report to the Illinois State Bar Association, Neil Vidmar,

Ph.D., American Medical Association, Physicians Characteristics and Distribution in the US, 2005 Edition;

Amicus Curiae Brief of Professor Neil Vidmar, et al., in Lebron.

100

Medical Malpractice and the Tort System in Illinois; A Report to the Illinois State Bar Association, Neil Vidmar,

Ph.D., American Medical Association, Physicians Characteristics and Distribution in the US, 2005 Edition);

Amicus Curiae Brief of Professor Neil Vidmar, et al., in Lebron.

101

“Caps Or No, Illinois Adds To Doc Totals,” Crain’s Chicago Business, Sept. 12, 2005.

102

Medical Malpractice and the Tort System in Illinois; A Report to the Illinois State Bar Association, Neil Vidmar,

Ph.D., American Medical Association, Physicians Characteristics and Distribution in the US, 2005 Edition);

Amicus Curiae Brief of Professor Neil Vidmar, et al., in Lebron.

103

“Caps Or No, Ill, Adds To Doc Totals,” Crain’s Chicago Business, Sept. 12, 2005.

104

Id.

- 43 -

105

Id.

106

Id.

107

Fred J. Hellinger & William E. Encinosa, The Impact of State Laws Limiting Malpractice Awards on the

Geographic Distribution of Physicians (2003).

108

Marc Rodwin, “Malpractice Premiums and Physicians’ Income: Perceptions of a Crisis Conflict with

Empirical Evidence,” 25 Health Affairs 750 (May/June 2006).

109

And Then There Were None-The Coming Physician Supply Problem,, California Medical Association, 2001.

110

A Longitudinal Analysis of the Impact of Liability Pressure on the Supply of Obstetrician-Gynecologists, Y.

Tony Yang, David M. Studdert, S.V. Subramanian, and Michelle M. Mello, Journal of Empirical Legal Studies,

Volume 5, Issue 1, 21-53, March, 2008.

111

New York Times, June 5, 2009.

112

Chicago Tribune, May 1, 2005

113

Although the Medical Society and hospitals have never publicly disclosed the names on the “list,” perhaps

some of the following would (or should) have been on it:

Michael S. Schiff, Alton – license indefinitely suspended for failing to pay Illinois income taxes for 2000.

T. Bruce Vest, Godfrey - license revoked for a minimum of 5 years in 2001 due to conviction of a felony,

failing to report his exclusion from the Medicare program, and committing gross negligence in the

treatment of one patient.

Terrence Tyrrell, Belleville – reprimanded for allegedly misinterpreting a mammogram.

Richard Kaminsky, Belleville – indefinitely suspended for failing to undergo a mental and physical

examination as ordered by the Medical Disciplinary Board.

James Probst, Swansea – license placed on probation until Nov. 13, 2006, for diverting controlled substances

and license reprimanded after testing positive for Darvocet while on probation for addiction to alcohol and

controlled substances.

Tanin Parich, Alton – reprimanded for refilling a kidney transplant patient’s medications without

consulting with the patient’s nephrologists.

Walt Mutschler, Glen Carbon – placed on probation for five years due to the habitual use of drugs and/or

alcohol.

Srinivasarao Yaganti, Belleville – placed on probation for two years for improperly touching a patient.

Elizabeth Wuebbels, Highland – license placed on indefinite probation for prescribing controlled substances

to an acquaintance for non-therapeutic use, and addiction to alcohol.

Farooq K. Ghory, Mt. Vernon – license temporarily suspended pending proceedings before the Medical

Disciplinary Board after being disciplined in Kentucky for engaging in inappropriate sexual conduct with

multiple patients and for non-therapeutically prescribing controlled substances in exchange for sexual

favors.

Christopher A. Rice, DuQuoin - probation for violating care, counseling and treatment agreement.

- 44 -

Kwangsup S. Kim, St. Louis, MO - Kim agreed to apply to renew his medical license after he allegedly

breached the standard of care in examining female patients.

114

Ann Kneff, Granite City Woman Files Med Mal Suit Against Petrovich, The Madison St. Clair Record, January

31, 2006, http://madisonrecord.com/news/174056-granite-city-woman-files-med-mal-suit-against-petrovich.

115

Congressional Budget Office, Economic and Budget Issue Brief: Limiting Tort Liability for Medical

Malpractice (Jan. 8, 2004), at 1 (“CBO 2004”).

116

Congressional Budget Office, Budget Options Volume 1: Health Care (Dec. 2008), at 22 (“CBO 2008”).

117

CBO 2004, at 1.

118

Id. at 5.

119

Id. at 1.

120

Id. at 6.

121

Congressional Budget Office, Background Paper: “Medical Malpractice Tort Limits and Health Care

Spending.” (April 2006).

122

CBO 2008, at 21.

123

Id.

124

Darius Lakdawalla and Seth Seabury. “The Welfare Effects of Medical Malpractice Liability,” NBER

Working Paper No. 15383. September 2009.

125

Ronen Avraham, Leemore Dafny, and Max Schanzenbach. “The Impact of Tort Reform on Employer-

Sponsored Health Insurance Premiums,” NBER Working Paper No. 15371. September 2009.

126

Frank Sloan and John Shadle. “Is there empirical evidence for “Defensive Medicine”? A reassessment,”

Journal of Health Economics. Vol 28, Issue 2. March 2009. Pg 481-491.

127

Katherine Baicker and Amitabh Chandra, The Effect of Malpractice Liability on the Delivery of Health

Care, National Bureau of Economic Research Working Paper 10709, at 20 (Aug. 2004).

128

Id.

129

St. Louis Post-Dispatch, September 14, 2009

130

Congressional Budget Office, Key Issues, pp. 150-154, December 2008.

131

Testimony before U.S. House Ways and Means Committee, September 10, 2002.

132

Saving Lives and Saving Money, Gingrich Communications 2003.

133

Journal of the American Medical Association (JAMA)

134

Increasing Risk, Hurting Patients- Shirley Svorny (from the Cato Institute) - Forbes, November 2, 2009

135

id.

- 45 -

136

ISMIE Holdings Inc., Amendment No. 3 to Form S-4, Registration Statement Under the Securities Act of

1933 filed with SEC (Feb. 14, 2000) at 54 (emphasis added).

137

House Judiciary Hearings- April 14, 2005, pp. 127-128,133, 137-147; April 7, 2005, pp. 131-132, 134-136; March 8,

2005, pp. 56-57; March 1, 2005, pp. 100-102.

ITLA would like to acknowledge the work of Past President Keith A. Hebeisen in preparing this White Paper.

Elderly Woman Struck, Killed By Snow Plow

2010-02-10T05:00:00.000-08:00

An elderly woman was struck and killed by a snow plow Tuesday afternoon near her residence in Rogers Park.

According to reports, the 71-year-old woman was near her home just after 2 p.m. on West Morse Avenue when she was hit.

She was taken to a nearby hospital where she was pronounced dead.

The driver received two tickets in connection with the accident. Police have not said if there may be any additional charges or citations.

If you or a loved one has been the victim of a personal injury, contact Dwyer & McDevitt, Ltd. for a free consultation.

Illinois Supreme Court Rules Medical Malpractice Cap Unconstitutional

2010-02-04T12:09:00.000-08:00

In a ruling handed down Thursday morning, the Illinois Supreme Court declared the $500,000 cap set on medical malpractice lawsuits against individual physicians unconstitutional, finding the limits set by the Legislature violate the state constitution’s separation of powers principle.

The majority opinion held "[W]e necessarily consider...the legislature's goal in enacting the statue-responding to a health-care crisis. Our separation of powers analysis, however, does not stop there. The crux of our analysis is whether the statue unduly infringes upon the inherent power of the judiciary. Here, the legislature's attempt to limit...damages in medical malpractice actions runs afoul of the separation of powers clause."

The case before the court for debate was Lebron vs Gottlieb. In November 2006, Abilgaile Lebron was born to Frances Lebron. The complaint alleged Abigaile sustained permanent and irreversible injury during her birth as a direct result of actions and omissions of the defendant doctors including severe brain injury, cerebral palsy and cognitive mental impairment.

Four of the justices agreed with the opinion, two dissented in part and one took no part in the decision. The decision upheld a 2007 decision by a Cook County judge.

Read the entire opinion >>>

Jurors are trusted to award fair compensation for economic and noneconomic damages including pain and suffering. There are no statutory limits to the amount a jury may award. The ruling is a victory for those severely injured as the result of medical negligence.

If you or a loved one has been injured due to medical negligence, contact Dwyer & McDevitt for a free consultation.

Toxicology Reports Clean After Driver Involved In Two Accidents Kills Three

2010-02-03T19:00:00.000-08:00

Toxicology tests came back negative in a crash that killed two young adults and a toddler Monday evening. A Honda Civic traveling northbound on Cicero was hit head-on by a speeding Toyota Camry. The baby's mother and the driver traveling in the Civic survived as did the driver of the Camry.

According to reports, about 9:30 Monday evening the group in the Honda Civic was heading North on Cicero when a speeding Toyota Camry came toward them with no lights on. Reportedly, the driver of the Camry was involved in a hit-and-run at Belmont and Cicero just moments before the second accident.

Thirteen-month-old Joshua Molina Jr. was in a car seat but partially ejected from the car. Twenty-one-year-old Aldo Maldonado was thrown from the car and 20-year-old Orlando Rodriguez was pinned in the car upon impact. All three died as a result of the crash.

The driver of the Camry, a 55-year-old Skokie, Ill. man, was initially ticketed for leaving the scene of an accident and driving too fast in connection with the first crash and with negligent driving in the second crash. Police said they are continuing to investigate the events surrounding the accident.

If you or a loved one has been injured in an accident, we may be able to help you. Contact Dwyer & McDevitt for a free consultation.

Study: Laws Banning Cell Phones Fail To Reduce Crashes

2010-01-29T19:02:00.000-08:00

A new study released by the Highway Loss Data Institute shows no decrease in crashes after hand-held cell phone bans take effect.

The study compared insurance accident claims in four different geographical areas before and then after hand-held cell phone bans went into effect.

"The laws aren't reducing crashes, even though we know that such laws have reduced hand-held phone use, and several studies have established that phoning while driving increases crash risk," says Adrian Lund, president of both the Insurance Institute for Highway Safety and HLDI.

The study focused on New York, the District of Columbia, Connecticut and California. Researchers did note a drop in accidents in New York, but said the trend began well before the laws took effect and continued after they were in place.

Lund cites one reason for the lack of decline is that many drivers switch from handheld to hands-free cell phones when bans are in place. No state currently bans all drivers from using cell phones. Several studies have shown drivers using hands-free devices cause just as many accidents as drivers using handheld devices.

Researchers did place controls for variables such as weather changes and driving patterns to calculate the rate of accidents.

Chicago has had a handheld cell phone ban in place since 2005.

If you or a loved one has been injured in a serious accident, our Chicago personal injury lawyers may be able to assist. Contact us for a free consultation.

Evanston Considers Ban On Handheld Cell Phones

2010-01-27T21:28:00.000-08:00

An ordinance was introduced Monday evening to ban the use of handheld cell phones in Evanston.

The Evanston City Council heard several arguments supporting the ban of handheld cell phones.

President of the Evanston Bicycle Club, James Heller said the city should consider moving even a step beyond the proposed ban and ban all cell phone use while driving, but said the group would welcome any further actions that would keep others safer on the roads.

Heller and Lina Hoffman, from the Active Transportation Alliance both argued many statistics show the dangers of using cell phones as well as an increase in serious and fatal accidents.

The issue has been front and center in recent years as more serious and fatal accidents have been attributed to cell phone use.

In May 2005, Chicago banned handheld cell phones while driving. Earlier this month, the state of Illinois enacted a ban on texting while driving. Additionally on Tuesday, the United States announced a formal ban for truckers and bus drivers from texting behind the wheel.

The council is expected to vote on the issue at the next regular meeting, set for February 8, 2010.

If you or a loved one has been injured in a serious accident, our Chicago personal injury lawyers may be able to assist. Contact us for a free consultation.

Semi Hits Van; Kills Two On Way Back To Chicago

2010-01-25T20:27:00.000-08:00

Two young Chicago-area men were killed early Sunday morning when their van was rear-ended by a semi just south of Indianapolis.

The men were members of an 18-person group, who were heading back to Chicago after a kite-flying event in Georgia.

The highway was closed for nearly five hours as police cleaned up the accident. Several other members of the group were injured and taken to local hospitals, some in critical condition. The truck driver reportedly suffered only minor injuries. Two people remained in serious condition Monday.

Reports indicate weather may have played a factor in the crash. Samples were taken from both drivers to test for drugs or alcohol.

If you or a loved one has been involved in a serious car accident, or you need to speak with a personal injury lawyer, contact a personal injury lawyer for assistance.

Tort Reform

2009-10-23T03:59:00.000-07:00

There are groups working to influence public perception of our right to trial by jury and the right to bring a claim for money damages against an individual or business when someone suffers bodily harm. It can be difficult to discern what is part of an honest discussion and what is nothing more than propaganda. Reprinted below is a release from the Illinois Trial Lawyer's Association responding to one group's claim of lawsuit abuse in Illinois.

ILLINOIS' LEGAL SYSTEM PROTECTS PEOPLE

Springfield, IL - Big business and their front groups are once again spreading lies and making the citizens of Illinois believe there is a lawsuit crisis in our state. Their answer to this so-called "crisis" - take away your right to receive justice and hold wrongdoers accountable. Stripping Illinois citizens of these rights only allows big business to escape accountability for when their products or services kill or maim innocent victims.

Travis Akin and his group, I-LAW, are behind this latest push to take away your rights. They have declared this Lawsuit Abuse Awareness week in an attempt to spread lies and take away the legal rights of citizens in this state. The reform that this group is seeking would only take away your right to receive justice and to hold corporate wrongdoers accountable for their actions.

Reports referenced by I-LAW in promoting their Lawsuit Abuse Awareness Week paint a bleak picture for business in Illinois. However, numerous scholars have discredited the polls and studies cited by this group. These "studies" have no methodology or academic basis for their results. The "studies" are biased, junk research that only shows tort reform is simply a scheme by powerful corporations to avoid accountability in the courtroom and stack the deck against every day Americans.

"The legal system rankings that Akin's group reports are preposterous," said Peter J. Flowers, president of the Illinois Trial Lawyers Association. "Illinois residents should not be duped by this propaganda that attempts to shield corporations from their negligence or misconduct."

Don't be fooled, there is no lawsuit crisis in Illinois. Big corporations and their front groups, such as Akin's, have attacked the civil justice system, trial attorneys and those who are injured through no fault of their own, all in an effort to pad their profits and escape accountability. When big businesses act irresponsibly - by producing unsafe products, polluting our environment or swindling their employees and shareholders - the last resort for Illinoisans to hold those businesses accountable is in our courts. Our legal system serves as a powerful deterrent for corporations to act responsibly.

Medical Malpractice Claims and Health Care Reform

2009-09-03T05:25:00.001-07:00

As the debate over health care reform continues, some people have pushed for a reform of the civil justice system which permits injured plaintiffs to pursue claims for compensation if they are injured as the result of a doctor or nurse's mistake. Below is an excellent article which details the very limited relationship between the cost of health care today and lawsuits brought against doctors and hospitals by injured plaintiffs. The article was originally printed in the New York Times on August 31. I have not seen a better analysis of the issue.

Would Tort Reform Lower Costs?

By ANNE UNDERWOOD

Medical tort reform is moving to the fore of the health care debate. On Sunday in The New York Times, former Senator Bill Bradley, Democrat of New Jersey, argued that one way to gain support of both Democrats and Republicans might be to combine universal coverage with tort reform. Mr. Bradley also suggested that medical courts with special judges could be established, similar to bankruptcy or admiralty courts.

On “This Week With George Stephanopoulos,” Senators Orrin G. Hatch, Republican of Utah, and John Kerry, Democrat of Massachusetts, seemed to agree that medical malpractice lawsuits are driving up health care costs and should be limited in some way. “We’ve got to find some way of getting rid of the frivolous cases, and most of them are,” Mr. Hatch said. “And that’s doable, most definitely,” Mr. Kerry replied.

But some academics who study the system are less certain. One critic is Tom Baker, a professor of law and health sciences at the University of Pennsylvania School of Law and author of “The Medical Malpractice Myth,” who believes that making the legal system less receptive to medical malpractice lawsuits will not significantly affect the costs of medical care. He spoke with the freelance writer Anne Underwood.

A lot of people seem to have taken up the cause of tort reform. Why isn’t it included in the health care legislation pending on Capitol Hill?

Because it’s a red herring. It’s become a talking point for those who want to obstruct change. But [tort reform] doesn’t accomplish the goal of bringing down costs.

Why not?

As the cost of health care goes up, the medical liability component of it has stayed fairly constant. That means it’s part of the medical price inflation system, but it’s not driving it. The number of claims is small relative to actual cases of medical malpractice.

But critics of the current system say that 10 to 15 percent of medical costs are due to medical malpractice.

That’s wildly exaggerated. According to the actuarial consulting firm Towers Perrin, medical malpractice tort costs were $30.4 billion in 2007, the last year for which data are available. We have a more than a $2 trillion health care system. That puts litigation costs and malpractice insurance at 1 to 1.5 percent of total medical costs. That’s a rounding error. Liability isn’t even the tail on the cost dog. It’s the hair on the end of the tail.

You said the number of claims is relatively small. Is there a way to demonstrate that?

We have approximately the same number of claims today as in the late 1980s. Think about that. The cost of health care has doubled since then. The number of medical encounters between doctors and patients has gone up — and research shows a more or less constant rate of errors per hospitalizations. That means we have a declining rate of lawsuits relative to numbers of injuries.

Do you have numbers on injuries and claims?

The best data on medical errors come from three major epidemiological studies on medical malpractice in the 1970s, 1980s and 1990s. Each found about one serious injury per 100 hospitalizations. There hasn’t been an epidemiological study since then, because people were really persuaded by the data and it’s also very expensive to do a study of that sort. These data were the basis of the 1999 report from the Institute of Medicine, “To Err Is Human.”

And what percent of victims make claims?

Those same studies looked at the rate of claims and found that only 4 to 7 percent of those injured brought a case. That’s a small percentage. And because the actual number of injuries has gone up since those studies were done — while claims have remained steady — the rate of claims is actually going down.

So the idea that there are lots of frivolous lawsuits is . . .

Ludicrous.

In those cases that are brought, are jury awards excessive?

There are already caps on awards in many states. These tend to be on non-economic damages — not medical expenses or lost wages, but typically on pain and suffering. The first was in California in the 1970s. There is pretty good research on that, showing it reduced medical liability payments. These caps vary from state to state, but they’re generally set around $250,000 to $500,000.

Many people would think that a quarter-million to a half-million dollars is a lot of money for pain and suffering.

When California adopted its cap in the mid-1970s, it set it at $250,000. That doesn’t mean everyone got that much. It was the maximum. But that was considered a fair amount at the time. Since then, think how much inflation has eaten into that. These caps typically don’t index for inflation.

So a patient can get reimbursed for medical costs, but they’re limited for pain and suffering.

A. They get reimbursement of medical costs in principle. But in fact, they don’t, because the lawyer has to be paid. These cases can cost $100,000 to $150,000 to bring, so the patient has to deduct that amount from any award.

Why are these cases so expensive?

You need expert witnesses who must be compensated for their time, which is valuable. You need depositions, which are expensive. You have to hire investigators. You have to pay your junior staff. It’s not worth bringing a suit if the potential award is less.

Imagine you go to the emergency room with appendicitis. For whatever reason, they fail to diagnose it. Your appendix bursts, and you spend a couple weeks in the hospital. I’ve had lawyers tell me they would not take a case like that, even if it’s a slam-dunk. The damages wouldn’t be enough — medical expenses, maybe a month of lost salary, although the patient might have short-term disability insurance that would cover a large part of that. It’s not enough to justify going to court.

So you’re saying that a case has to be serious to be worth trying.

The medical malpractice system only works for serious injuries. What it doesn’t work for is more moderate ones. Lawyers discourage people from bringing suits if their injuries are not serious in monetary terms — a poor person or an older person who can’t claim a lot in lost wages. That’s why obstetrician-gynecologists pay such high premiums. If you injure a baby, you’re talking about a lifetime-care injury. Gerontologists’ premiums are exceedingly low.

That’s the reason I say if people are serious about tort reform, they should improve compensation for moderate injuries. Nobody likes that idea, by the way. They say it would make the system more expensive, not less expensive. More people would bring claims. That says to me that the critics are not serious about tort reform.

But it’s not just the cost of premiums and litigation. What about the charge that it causes doctors to practice “defensive medicine,” ordering tests that are expensive and unnecessary?

A 1996 study in Florida found defensive medicine costs could be as high as 5 to 7 percent. But when the same authors went back a few years later, they found that managed care had brought it down to 2.5 to 3.5 percent of the total. No one has a good handle on defensive medicine costs. Liability is supposed to change behavior, so some defensive medicine is good. Undoubtedly some of it may be unnecessary, but we don’t have a good way to separate the two.

Tell me more about the 1996 study.

It was published in The Quarterly Journal of Economics by Stanford economist Daniel Kessler and Dr. Mark McClellan, who was head of the Centers for Medicare & Medicaid Services under President George W. Bush. For two types of heart disease — heart attacks and ischemic heart disease — the authors found that 5 to 7 percent of the additional costs in Florida, compared to other states with lower medical malpractice liability, could be attributed to defensive medicine. This was based on 1980s data.

Using that estimate, some politicians used to say that medical malpractice cost the system $50 billion a year. But you can’t blindly say that all diseases are the same as heart disease, and if you want a nationwide estimate, you can’t say every state is the same as Florida. Furthermore, the second study, published in 2002 in The Journal of Public Economics, found that much of the difference disappeared as managed care took hold in Florida in the 1990s.

But many doctors complain about having to practice defensive medicine.

Doctors will say that. But when you dig down, you find that what’s really happening is that doctors tend to do what other doctors around them do. They go along with the prevailing standard of care in their region — which in many cases isn’t even a state, but a city or county.

If medical malpractice doesn’t explain the high costs of our health-care system, what does?

A variety of things. The American population is aging. We’ve had advances in technology that are expensive. We’re also a rich nation, and the richer you get, the more money you spend on health care. And compared to other countries, we have heavy administrative costs from the private-insurance system.

If it’s not true that medical malpractice is driving the high cost of medical care in this country, why won’t the argument go away?

It makes sense to people intuitively — in part, because they’ve been told it so often. And it’s a convenient argument for those who want to derail the process. Maybe it’s a deep political game. Maybe they’re raising it to say, we’ll back off tort reform if you back off the public option.

What about former Senator Bill Bradley’s idea that medical courts with special judges should be established?

Mr. Bradley has been backing tort reform for as long as I can remember, so this is hardly a compromise for him. I’m not saying medical courts would be a bad idea, as long as they’re not set up in a way that insulates medical providers from responsibility. That’s a big caveat.

What about Senator John Kerry’s assertion that it’s “doable” to rid the system of frivolous lawsuits?

I guess it’s doable because there aren’t very many frivolous suits.

Texting while driving

2009-08-07T09:39:00.000-07:00

Illinois will soon become the 17th state to ban texting while driving. A recent study found that texting dramatically increases the likelihood of an accident or near accident and impairs the attention of a driver. Texting appears even more dangerous that using a mobile phone although studies have found dramatically decreased driving ability among mobile phone users as well. At least one study found that drivers using a mobile phone performed similarly to drivers who were impaired by alcohol. Hands free devices did not impact the driver performance. Using a phone with or without hands free made the driver less responsive to the conditions on the road.

The National Safety Council recently called on legislators and businesses to stop the practice of talking on the phone or texting while driving. There is little question that using a phone or texting can impact driver performance which can impact the bottom line of a business or their insurer. The Harvard Center of Risk Analysis estimated that cell phone use while driving contributes to 6 percent of crashes which equates to 636,000 crashes, 330,000 injuries, 12,000 serious injuries and 2,600 deaths each year. It is unclear whether that includes use of the phone for texting as well.

An accident which occurs when an employee is using a phone for business may also implicate the employer. The driver may be acting in the scope of their employment which may give rise to liability even if the driver is in their own car. This may trigger the employer's insurance coverage or result in exposure for the company directly. Questions such as where the driver was going, who they were talking to, who pays for the phone, who initiated the call and the purpose of the call must all be examined.

The use of a phone to call or text while driver certainly affects the ability of the driver to operate the vehicle safely. States are responding to the data and businesses may soon follow by prohibiting drivers in company cars from calling or texting while driving or prohibiting employees from making business calls while driving.

When a negligent driver was using a phone at the time of an accident questions must be answered to determine whether an employer may also be held responsible for the negligent conduct.

2009-07-13T07:39:00.000-07:00

What to look for when hiring a personal injury lawyer

There are a lot of choices when hiring a personal injury lawyer in chicago. Many lawyers welcome personal injury clients although their practice does not focus on such claims. Here are some questions to ask the lawyer you are considering hiring:

1. Are you going to personally handle my case? Many larger law personal injury law firms have lawyers who focus on bringing the client in but don't otherwise handle their claim. It is fair to ask who you will be talking to you when you have a question. Will a lawyer call you back or a paralegal? Will the lawyer take your calls or a secretary screen them? Who will take depositions if the case is litigated? Who will attend the appearances in court? Big firms have advantages and disadvantages too. Get to know how the process is handled there. You need to be comfortable with the lawyer you hire and know whether he or she is the person you will be dealing with.

2. What types of cases do you handle? Does the lawyer handle personal injury cases as well as commercial litigation, criminal cases, divorce and estates? There are many issues which can complicate a personal injury claim. Lawyers who specialize in one practice area often (but not always) are more familiar with the issues which will affect the value of your claim.

3. Have you taken cases like mine to trial? Rarely does a plaintiff want to take a case to trial at all costs. Most parties want the best settlement available. Sometimes a case can't be settled and must be tried. A lawyer who has taken cases like yours to a jury will better understand the roadblocks and strengths of your personal injury claim and may be more likely to reach the best settlement on your behalf. There is an old saying that if you prepare a case for trial it will settle and if you prepare a case to settle it will be tried. Make sure the lawyer you hire knows his way to the courthouse, just in case.

4. Have you handled cases involving injuries like this before? The type of injury and need for medical care often drives case value. Every case is different and the value is driven by a number of factors. A lawyer who is familiar with the issues and the types of doctors and medical care involved can be an asset to you and your case.

5. What do you charge? Is the attorney one-third of the amount recovered or does it increase if the case must be litigated? Some lawyers increase the fee to 40% if the case must be arbitrated or litigated. One-third of the total amount recovered is the most common attorney fee. No retainer is typically required.

6. Will your office handle my case from beginning to end or refer it somewhere else if the case doesn't settle? Some lawyers try to settle cases and if they don't settle send the cases to lawyers who handle the litigation of the case. This may impact whether the lawyer is interested in settling the case without litigating the case and involving another lawyer who would receive a share of the fee. It is a fair question to ask your prospective lawyer.

Part of choosing a lawyer is getting a feel for the lawyer and his or her office. Meet with the lawyer. Don't be afraid to ask good questions. You will have to deal with your lawyer through a process which may be stressful and unfamiliar. Find a lawyer who will walk with you every step of the way.

Motorcycling with a passenger

2009-07-10T05:33:00.001-07:00

Carrying a passenger on a motorcycle changes not only the way the motorcycle rides but also the issues the driver will face in case of a collision. The weight distribution on the cycle changes with a passenger as may braking distance and cornering. The independent motion of the passenger may also affect the way the bike rides and the cycle will often respond differently to wind. An experienced driver is able to respond to these changes whereas an inexperienced driver may not.

The driver of the cycle may be financially responsible for the injuries suffered by a passenger if a collision occurs. If the driver makes a mistake and a passenger is hurt there may be a claim for personal injury resulting from the accident. Policies of insurance are available for motorcycles and should be purchased to protect the driver and passenger in case of an accident. I recommend liability and undersinsured motorist coverage of at least $250,000. The motorcycle is less crashworthy than a car and the injuries are often more serious. The availability of insurance coverage may impact the amount of money available in case of an accident. If the accident involves a motorcycle and a car and the passenger on the bike is hurt, the injured passenger may seek recovery from both drivers. A lawyer who handles personal injury litigation should be consulted to evaluate the fault of both drivers and the way a claim could and should proceed.

The Motorcycle Safety Foundation publishes guidelines for the safe operation of a motorcycle with a passenger. The guidelines show some of the dangers and issues of riding with a passenger and the issues a driver must be aware of before deciding whether riding with a passenger is advisable.

Guidelines For Riding With A Passenger On Your Motorcycle (from Motorcycle Safety Foundation)

1. All state laws and requirements for carrying a passenger must be followed.

2. Some states have specific equipment requirements. Examples: the

motorcycle must have passenger footrests, passengers must be able to reach

the footrests, and a motorcycle must have a separate seating area for a

passenger.

3. The decision to carry a child, assuming all safety and legal factors have been

considered, is left to the parent or guardian. Ensure that the child is mature

enough to handle the responsibilities, tall enough to reach the footrests, wears

a properly fitted helmet and other protective gear, and holds onto you or the

passenger hand-holds. Check your state’s laws; a few states have set

minimum ages for motorcycle passengers.

Operator Preparation

1. Passengers should be considered as a second “active” rider so they can help

ensure that safety and procedural operations are correctly followed.

2. A passenger will affect the handling characteristics of a motorcycle due to the

extra weight and independent motion.

3. A passenger tends to move forward in quick stops and may “bump” your

helmet with theirs.

4. Starting from a stop may require more throttle and clutch finesse.

5. Braking procedures may be affected. Braking sooner and/or with greater

pressure may be required.

6. More weight over the rear tire may increase the usefulness and stopping

power of the rear brake, especially in quick stop situations.

7. Riding on a downgrade will cause braking distance to increase.

8. Extra caution is called for in a corner because of the extra weight.

9. Cornering clearances may be affected.

10. More time and space will be needed for passing.

11. The effects of wind, especially side wind, may be more pronounced.

Motorcycle Preparation

1. The motorcycle must be designed to accommodate a passenger.

2. The motorcycle owner’s manual should be reviewed for manufacturer’s tips

about motorcycle setup as well as any related operational recommendations.

3. The motorcycle’s suspension and tire pressure may need adjustment.

4. Care should be taken to not exceed the weight limitations specified in the

owner’s manual.

Passenger Preparation

1. Passengers should be tall enough to reach the footrests and mature enough

to handle the responsibilities.

2. Passengers should wear proper protective gear.

3. Passengers should receive a safety briefing (see #7 below).

4. Passengers should consider themselves a second operator and share

responsibility for safety.

General Safety Considerations

1. You need to be experienced in the motorcycle’s operation and have a safety-

oriented attitude before taking on the added responsibility of carrying a

passenger.

2. Practice low-speed clutch/throttle control as well as normal and emergency

braking in a low-risk area like an open parking lot, with a passenger.

3. Use caution in cornering and develop cornering skills over time to ensure

passenger comfort and safety.

4. Use caution in corners as clearance may be affected.

5. Use MSF’s Search, Evaluate, Execute strategy to increase time and

space safety margins.

6. Allow time for a passenger to adjust to the sense of speed and the sensation

of leaning; speeds should conservatively safe and reasonable until a

passenger acclimates to the proper riding techniques.

7. Ensure passengers follow safety procedures:

a. Complete personal protective gear is properly in use.

b. Hold operator’s waist or hips, or motorcycle’s passenger hand-holds

provided.

c. Keep feet on footrests at all times, including while stopped.

d. Keep hands and feet away from hot or moving parts.

e. When in a corner, look over the operator’s shoulder in the direction of

the corner.

f. Avoid turning around or making sudden moves that might affect

operation.

g. If crossing an obstacle, stand on the pegs with the knees slightly bent

and allow the legs to absorb the shock upon impact.

8. Allow more time for passing.

9. Be ready to counter the effects of wind.

10. Avoid extreme speeds and dramatic lean angles.

11. Be ready for a passenger “bump” with their helmet when stopping quickly.

12. Start the motorcycle before the passenger mounts.

13. Have the passenger mount after the motorcycle’s stand is raised and the

motorcycle is securely braced.

14. Annually complete an ERC Skills Plus RiderCourse with a passenger.

15. Have frequent passengers complete a Basic RiderCourse so they can better

understand the operator’s task.