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.”
Written by kate@dcmsdocs.org on . Posted in Uncategorised
The DuPage County Health Department is honored to announce that DuPage County has once again been recognized as one of the healthiest counties in Illinois, this time ranking No. 1 in both key measures of the rankings. The Robert Wood Johnson Foundation rankings are based on quality of life factors such as longevity and overall health status, including physical and mental health.
The rankings cover counties in all 50 states. The rankings include two separate categories, including Health Outcomes (how healthy we are) and Health Factors (how healthy we can be). DuPage County ranks No. 1 overall in both categories among 102 counties in Illinois.
"This is especially gratifying since it is the first time DuPage County has ranked No. 1 in both key measures," said Karen Ayala, Executive Director of the Health Department. "The Health Department places a high priority on positively and effectively influencing the factors that affect the health of our residents," she added.
DuPage County Board Chairman Dan Cronin commented: "We are thrilled with this designation and attribute it to the fact that we, as a county, prioritize the health of our residents. What sets us apart is our culture of collaboration. Together with healthcare providers and non-profit organizations, our Health Department and County representatives focus on initiatives impacting the needs of low-income families, and those struggling with substance abuse and mental illness. Programs aimed at prevention, and those connecting our residents to resources, drive healthy living in DuPage."
The Health Department has undertaken several county-wide initiatives over the last several years that have contributed positively to the health of residents. For example, the DuPage Narcan Program, RxBOX medication collection initiative, Impact DuPage and the DuPage County Prevention Leadership Team continue to drive healthy living in DuPage. "We realize that within those programs, as well as many others, our success is due to the strong partnerships and collaborative approaches within DuPage County," said Ayala. "These rankings are not the result of a single agency's efforts, but rather the health care safety net systems that exist throughout our communities."
"We will not rest on our laurels," said Ayala. "We have a strong history of working collaboratively throughout our community to identify our residents' health needs and then developing innovative and effective programs to keep DuPage County residents healthy."
The online report, available at www.countyhealthrankings.org, includes an overview of each county in Illinois with a color-coded map comparing each county's overall health ranking.