Court decision Akin attacked is really a story of a little girl
Citizen Action/Illinois was dismayed to read the letter (MDH, Aug. 13, 2010) penned by Travis Akin, and the corporate special interests he represents, attacking a recent decision by the Illinois Supreme Court.
The case at hand is Abigaile Lebron v. Gottlieb Memorial Hospital, which involves a minor and disabled person. It is about a little girl who, through no fault of her own, was seriously injured by preventable medical errors at birth and suffered devastating injuries that would forever change her life.
Earlier this year the court struck down the medical malpractice “reform” law that took away her rights to hold medical care providers and their insurance companies accountable for their carelessness.
As one of the state’s most established public interest groups, Citizen Action applauded this decision by the Illinois Supreme Court. Once again the people of Illinois can be assured that our civil justice system cannot be diminished by anti-consumer legislation that places arbitrary limits on compensation for victims of medical malpractice.
We question why Mr. Akin failed to mention that the Illinois Supreme Court, by handing down this decision, was simply following long established precedent in striking down this so-called “reform.” Two prior cases before the Illinois Supreme Court involving these types of “reform” had been ruled unconstitutional — in the 1976 decision Wright v. Central DuPage Association and again in 1997 in Best v. Taylor Machine Works.
It is also important to note that both of these decisions were handed down by bipartisan majorities of the court and had nothing to do with politics, but rather what is fair and constitutional; with our constitution being our fundamental principles of government.
Mr. Akin also claims there was a “flood of frivolous lawsuits.” In fact, the number of medical malpractice lawsuits was declining in this state prior to this law taking effect. And Mr. Akin believes that any medical malpractice lawsuit is a frivolous one.
We believe that the real malpractice crisis was never a lawsuit crisis. The real crisis is little girls like Abigaile Lebron. Abigaile is not just a number on an actuary table, or an underwriting statistic, or an entry on an insurance company’s profit and loss statement. Abigaile is a real life story, a story that could happen to any of us, but never should.
The decision by the Illinois Supreme Court protects children like Abigaile, and others who may suffer lifelong complications due to medical error.
If there was any “flood” leading up to 2005, it was the flood of money that the state’s largest medical malpractice insurer was swimming in. While this insurer was raising insurance rates for doctors, they were also bringing in record profits.
The insurance reform contained in the 2005 law was working. The law forced malpractice insurance companies to provide greater transparency on rate-setting and payouts. This in turn, spurred competition and motivated more companies to enter the marketplace which lowered premiums for doctors.
In fact, this worked so well that after the law was struck down, the Illinois Department of Insurance urged insurers to comply with the insurance reforms that were contained in the law. As we move forward we must continue to require transparency on the part of the malpractice insurance industry.
It is time Mr. Akin and others stop trying to blame judges who are doing no more than following our constitution and long-standing precedent. None of the justices in the majority in the Lebron case are the dreaded “activist” judges. Simply following precedent hardly fits that definition.
It’s time for Mr. Akin, and his big business and insurance supporters, to stop trying to take away our constitutionally guaranteed rights and focus on a real solution to the problem. Solutions such as increased patient safety and insurance reforms have been proven to work.
Citizen Action/Illinois is the state’s largest public interest organization. Citizen Action/Illinois is a key player in the fight for social and economic justice at the state and national levels. Citizen Action/Illinois has led campaigns for lower utility rates, fair taxes, affordable and quality health care, insurance and campaign finance reform, and stronger environmental and food safety protections. Citizen Action/Illinois works hard to hold our elected officials accountable on these issues every day in the State House and in the Congress.
