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Tort Reform

Thursday, March 2, 2017

The Hypocrisy of Tort Reform


Understanding why medical malpractice reform is a betrayal of conservative ideology is one of many reasons to oppose it.

The bedrock of political conservative ideology is that the federal government should be divested of power, and instead, states should be free to govern themselves as each sees fit.  Ironically, the United States House of Representative's, "Protecting Access to Care Act," which is the latest effort at federally imposed tort reform, violates this most basic conservative principle.

The Act intentionally seeks to preempt state legislation by imposing a nationwide cap on non-economic damages awards in medical malpractice, nursing home neglect, and prescription drug negligence cases.  The Act further seeks to preempt state legislation on issues such as: the statute of limitations on filing these cases, rules of joint and several liability, and introducing evidence regarding medical bills in these cases.
Read more . . .


Thursday, January 19, 2017

NUMBERS REVEAL THERE IS NO NATIONAL OR STATE CIVIL LAWSUIT CRISIS


Public disinformation campaigns by insurance companies and powerful corporations are designed to stoke prejudice and fear, and warp public understanding of how our civil justice system works. By manufacturing a mythical “lawsuit crisis,” they are trying to pressure policymakers into shielding wrongdoers from financial liability when their dangerous actions harm innocent people. The numbers prove there is no litigation crisis in our state or our country.

Civil Lawsuit Filings are Dropping Significantly in Illinois:

Civil case filings in Illinois have dropped 43 percent since 2010.

The number of medical malpractice cases in Illinois has been on a steady decline over the past decade, down 39 percent since 2003.
Read more . . .


Tuesday, March 15, 2016

REAL FACTS ABOUT CIVIL LAWSUITS IN ILLINOIS

Tort reformers suggest that civil lawsuits in Illinois are out of control, what are the real facts?

Tort reformers, individuals aimed at curbing Illinois citizens' access to the civil court system and preventing catastrophically injured victims from holding those that harm them accountable, routinely tout a supposed state-wide lawsuit crisis in support of obtaining their goals. 

The real statistics pertaining to civil lawsuits in Illinois completely debunk tort reformers' claims and illustrate the fallacy of this movement:

Civil Case filings in Illinois have dropped 33% from 2010 to 2014.

Medical Malpractice filings in Illinois have dropped 43% since 2003.

Cook County Civil Case filings dropped by 40% from 2010 to 2014.

Medical Malpractice Cases make up only about 0.2% of all civil cases in Illinois.

Court statistics do show what groups actually sue each other the most frequently:

Tort cases consist of roughly 7% of all civil cases in Illinois.

Contract cases (mainly premised upon businesses suing other businesses or people) make up approximately 64% of all civil cases in Illinois.

The data regarding Illinois lawsuits is abundantly clear.  This state is not in the midst of a civil lawsuit crisis.  Quite to the contrary, civil lawsuits are in decline and have been for years.

Do not be fooled by tort reformers and their attempts to connect Illinois' struggling economy to personal injury lawsuits.  Their arguments would not hold up in court, which is exactly why they want to close the courthouse doors to you.


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