Public debate to argue over malpractice issue

By Jill Stocker

A public debate over whether there should be changes in the laws that govern lawsuits for malpractice will be presented today in the Moot Courtroom in Swen Parsons.

The public is invited to the 3 p.m. debate titled, “Tort Reform or Deform,” said Mike Smigiel, president of the Student Bar Association. The debate is sponsored by the law student committee of the Illinois State Bar Association and the Delta Theta Phi legal fraternity at NIU.

Smigiel said the debate concerns the question, “Is there really a medical malpractice problem?” In 1985, legislators passed a bill called the Tort Reform Act. Part of this law said in order to bring a malpractice suit to court, a victim first must go through a tribunal and be told whether they have a justifiable claim to pursue their suit. This part of the law was declared unconstitutional under due process of the law.

The case for tort reform will be made by Donald Udsteen, associate executive vice president of the Illinois State Medical Society. He will argue that there is a medical malpractice crisis which should be handled through legislation.

Thomas Demetrio, plaintiff’s lawyer from the Chicago law firm of Corboy & Demetrio, will argue against changes in the present system. Smigiel said Demetrio will present the argument that there is no crisis, as the medical and insurance fields have people believing.

A reception, sponsored by the Student Bar Association and Delta Theta Phi, will be held after the debate.