The article begins with an overview of the tort reform problem; federal vs. state level reform; a history of tort reform in Illinois; current Illinois law (prior to P.A. 94-677) specific to medical malpractice cases or that particularly impacts those cases; discussion of prior caps and the cases holding them unconstitutional; discussion of P.A. 89-7, which was held unconstitutional in the Best case; discussion of the 2005 legislation (P.A. 94-677) and whether it is constitutional; and finally, "where do we go from here," which includes my ideas for reform that build on the reforms already in place. An appendix includes citations to some of the many recent articles (and a few books) relevant to this topic.
College of Law
Northern Illinois University Law Review
Kionka, Edward J.
"Things to do (or Not) to Address the Medical Malpractice Insurance Problem,"
Northern Illinois University Law Review: Vol. 26:
3, Article 6.
Edward J. Kionka, Things to do (or Not) to Address the Medical Malpractice Insurance Problem, 26 N. Ill. U. L. Rev. 469 (2006).