According to the Associated Press, Illinois doctors will collectively receive an $11 million refund from the state’s largest malpractice insurer.
The refund will come in the form of a credit on Illinois State Medical Insurance Exchange policy renewals. Individual doctors can expect a $500 to $1,000 deduction.
Bruce Kohen, president of the Illinois Trial Lawyers Association, attributes the refund to a 2005 law that gives state regulators the power to review insurance rates. Because of the regulatory oversight, insurance companies were required to give back the premiums to doctors.
For years, Illinois trial attorneys have been blamed by doctors for high premiums. But as this refund demonstrates, doctors should be asking whether they’re getting overcharged by their medical malpractice carrier.
Some of the medical malpractice insurers claim the refund is the result of Illinois medical malpractice reforms that have placed caps on the recoveries. Those insurance interests ignore the fact that the law was passed in 2005 and it applies only to cases filed after its effective date. In addition, it takes two or more years for those suits to go through the court system and
the caps have not had any effect on the majority of cases that were settled from 2005 through 2007. Moreover, the Circuit Court of Cook County Illinois has declared the law unconstitutional and that issue is on appeal so any claim that the refund is based on the medical malpractice reform is wholly without merit. Finally, the caps are $500,000 per doctor and $1,000,000 per hospital so it is hard to believe that the caps have had any effect.
The lawyers of Carey, Danis & Lowe are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.
We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.
