Michael R. Panter & Associates Ranked #13 in Crain’s List “Illinois’ Largest Verdicts & Settlements in 2005”

From the Feb. 20, 2006 issue of Crain's Chicago Business. Corrected and expanded version posted March 3, 2006.

Michael R. Panter and Patricia A. Florio, both medical malpractice plaintiff lawyers won verdict and settlement for case involving Jordan Bazant through his mother, Karen Bazant versus Dr. Valerie Hansbrough, Ingalls Memorial Hospital and Primary Health Care Associate. Plaintiffs alleged that delayed C-section left newborn with cerebral palsy.

Settlement totaled $7.5 million and ranked #13 in the list by amount.

Pre-Set Limits on Medical Malpractice Recoveries May Cause More Harm Than Good

This commentary revolves around a past full-page ad from Deerfield Review urging pre-set limits on medical malpractice recoveries. Unfortunately, a lot in the ad was just plain wrong.
I am an unabashed plaintiff’s trial lawyer but, like all of us, I honor and admire many doctors. Like most of us, I have never had anything but fantastic medical care and my physician friends and neighbors are some of the most generous, dedicated and caring people I know. It’s a shame that strong emotions are obstructing what ought to be a focused attempt to solve some very complex problems of medical economics.

Here’s an example of where the ad was incorrect. Contrary to what the ad said, there are no limits of any kind of suing lawyers. In fact, with one exception, there are no limits to sue and recover against anyone in Illinois. Right now the only people against whom recoveries are limited are tavern owners in dramshop cases. Doctors would be the second group. Right now doctors already have many special legal protections which make it harder to sue doctors than anyone else. For patients who want legal help, there are fewer and fewer lawyers taking fewer and fewer cases.

Does that mean there is less medical malpractice? Take a look at AARP magazine "Fatal Mistakes" published in Nov. 2004 as an example. That article says, "Every year at least 98,000 Americans die and millions more are injured - as a result of medical errors". The Wall Street Journal (7/12/04) said "medical errors in US hospitals contributed to almost 600,000 patient deaths over the past three years". Virtually every other study says the same thing. On the other side, to discourage doctors who would speak us and testify against another doctor, medical associations have begun some very drastic measures. Doctors who are willing to testify against other doctors are being brought before hearings and having their credentials stripped. At the same time, there is virtually nothing done to discipline or even re-train doctors who have made serious mistakes.

Want proof? Go ask your doctor and nursing friends if they have ever seen medical negligence. Then ask what they ever did about it. Finally, ask doctors if they would ever under any circumstance testify against another Illinois doctor. The answers should not surprise you because doctors are under enormous pressure to keep silent.

Why shouldn’t doctors be held to the standards they set for themselves? Why can’t they meet those standards and why should they be different from everyone else? As a final note, it’s common knowledge that caps do not affect malpractice premiums. The insurers themselves say "Non-economic damages are a small percentage of total losses paid. Capping non-economic damage will show lost savings of 1.0%". That was the nation’s largest malpractice insurance company testifying that caps don’t lower doctor’s insurance premiums.

Here’s just one more point: a substantial portion of medical negligence recoveries are used to pay back Medicare, Public Aid, HMOs and other doctors and their insurers. These are the liens of the healthcare providers who had to fix problems caused by negligence. Other portions are used for future medical expenses. The doctors who testify command astronomical fees because there are fewer and fewer who are willing to get involved. A substantial part of malpractice recoveries goes back to the healthcare system.

This problem is complicated. Doctors are not getting fair reimbursement from Medicare and HMOs. The stock market’s decline has hurt insurance companies and led them to raise premiums. This problem needs clear headed analysis. But giving up important rules and rights in very dangerous. It is much easier to give them up than to ever get them back.

Important. And pass it on...

Recently, the Tribune reported that “some of the nation’s largest businesses called on U.S. hospitals to agree to apologize and waive costs related to “never” events" – medical errors these employers say should never happen. According to the Chicago Tribune article “Backlash At Bills For Medical Mistakes”, many large firms are tired of paying for botched medical-care procedures and low-quality care.

We lawyers who file cases for patients injured by medical negligence have been pushing for medical standards for years. Independent groups have found that there are over 98,000 deaths related to preventable medical errors per year. There is almost no discipline of any kind.

In fact, Illinois has passed tough new legislation making it even harder for victims of medical negligence to obtain compensation for what happened to them. Hired gun P.R. firms for the health care industry have convinced many people that the problem is with the lawyers or the patients or anyone else other than themselves.

Now, finally, even big businesses have figured out that medical errors need to be addressed. From a strict dollars and cents standpoint, medical errors are phenomenally expensive and someone always ends up paying for those errors. Such errors have also added to health care costs that have spiraled upward for years.

The massive public relations and advertising campaign to avoid setting standards and accountability simply cannot continue. Every single person who drives a car and every single person who works at a job which has any responsibility understands that there are consequences for actions that are below the standard. Maybe, finally, the medical profession may have to face the same kinds of standards.