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Attempting to replace myth with reality, Illinois Appellate Court justice Robert Steigmann addressed DuPage County doctors on April 6, and outlined special protections state law provides for physicians facing medical malpractice litigation. The special DCMS Physicians’ Lounge event included a dinner at Wildfire restaurant in Oak Brook and provided continuing medical education credit for attendees.
Justice Steigmann has served nearly three decades as one of Illinois’ 54 appellate judges where cases from lower courts are reviewed by a panel of three judges, usually based on arguments that there were errors in trial procedure or in the trial judge’s interpretation of the law.
One important myth Justice Steigmann sought to resolve for physicians is that juries are predisposed to rule in favor of plaintiffs. To support his thesis he presented the report of jury awards from Cook County during the last six months where, in 20 medical malpractice cases, the jury found for the defendant in all but two instances. That five percent success rate is fairly typical.
Appellate courts are invested with the power to reverse jury determinations, but Justice Steigmann noted that appeals courts tend to be deferential to the jury’s work. “Juries take things seriously and generally reach the right decision,” he said.
However Justice Steigmann’s real point is that long before any case could reach a jury verdict, Illinois law has provisions that provide protection by imposing requirements or establishing higher legal thresholds. Many of these, he stressed, exist because of the legislative advocacy provided by the Illinois State Medical Society.
Reminding physicians that “a bad result is not a cause of action,” Justice Steigmann noted that Illinois now requires an affidavit from a health professional that there is a reasonable and meritorious cause for the filing of an action. Since its effective date in 2003, the volume of malpractice cases the state is down 43 percent.
Other special protections for medical professionals include requirements for expert witnesses, a restrictive statute of limitations for bringing action, and the statute of repose.
“Remember,” Justice Steigmann reminded the group, “the burden of proof is always on the plaintiff – they must demonstrate that a standard of care was breached and that is the cause of the injury.”
