Lawmakers prepare to tackle insurance

By Andy McMurray

A legislative hearing, hosted by state Rep. Robert Pritchard, R-Hinckley, Friday, sought testimony from area doctors, residents, hospital administrators and rights activists on rising malpractice insurance premiums.

Dr. Roger Maillefer, chief of surgery at Kishwaukee Community Hospital, 626 Bethany Road, said his malpractice premiums in 2000 were $8,000; this year, they are $60,000. Maillefer said he has never been sued.

“Last year, we had three surgeons that have resigned or left their practice of surgery because of malpractice premiums,” he said.

The hearing, held at the DeKalb County Farm Bureau, 1350 W. Prairie Drive, Sycamore, included a panel of area state legislators Sen. Brad Burzynski (R), Rep. Ronald Wait (R), Pritchard and Rep. Dave Winters (R). The panel hoped to shed light on potential solutions prior to returning to Springfield this fall.

Malpractice reform negotiations in the Illinois General Assembly broke down in July. Negotiations will continue when the legislature reconvenes Nov. 8. Ideas heard Friday will be considered then.

The panel heard testimony from two area residents who opposed the proposed cap on pain and suffering damages.

Jan Nelson of Aurora testified that a doctor, whom she declined to name, committed malpractice when he gave her iodine during surgery, despite prior knowledge of her allergy to it.

“Both the doctor and the hospital refused to talk to me. If this doctor had said ‘I’m sorry, Jan, something is wrong … we need to fix this,’ I would have gone along with him.”

In response, Winters said doctors cannot do that with their attorney’s advice because it becomes proof they were at fault.

“That’s one of the things that we may be able to get changed in our own tort legislation,” Winters said.

Specialists face the highest premiums.

“Unfortunately, we are in a high-risk specialty … my rate at present is $124,000 for medical malpractice insurance,” said Dr. Paul Dubrick, an obstetrician at Kishwaukee Community Hospital.

Although some opposition existed, Senior Vice President and General Counsel of the Illinois Hospital Association Mark Deaton said a poll taken of Illinois voters in March indicated 77 percent of Illinois citizens think the malpractice system requires either “major changes or a complete overhaul.”

“What we have to do is enact legislation that will help control the cost of malpractice insurance,” Deaton said.