Medical Malpractice and the Tort System in Illinois

An ISBA-commissioned study by Neil Vidmar, professor at Duke University Law School, found that the Illinois tort system does not appear to be the cause of the undisputed rise in doctor's liability insurance premiums. The full text of the Professor Vidmar's study is online here.

Study Highlights
Vidmar's analysis of court findings over time, verdicts after trial, and post-verdict adjustments to awards reveals the following about Cook and DuPage Counties:

  1. The data show no upward trends in filings overall or in filings per 100 treating physicians from 1994 through 2004.

  2. There was a modest increase in medical malpractice case filings between 1996 and 2004, but when adjusted for the growth in physicians who treat patients, there is no evidence of a medical malpractice claims increase.

  3. Filings from 2000 through 2004 were substantially lower than in 1994 and 1995.

  4. The data show no increase in jury trials or in plaintiff win-rates between 2001 and 2004.

A similar analysis in Madison and St. Clair Counties reveals the following:

  1. Over a 12-year period, only 11 jury verdicts favoring the plaintiff in medical malpractice cases were found in Madison and St. Clair County courts.

  2. Only two verdicts exceeded $1 million.

  3. There is no evidence to support the perception that medical malpractice jury trials in these counties are frequent or that jury verdicts are outrageous.