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American Physicians Assurance Corporation

Constitutionality of Tort Reforms Not yet Tested; Stakes Are High for Illinois Physicians

Published in Managed Care Business Week, April 24th, 2007

Illinois' tort reforms (Public Act 94-677), which became effective in August of 2005, have led to dramatic rate decreases and aggressive new competition from liability insurance carriers. At first glance, it seems as though the liability environment has been "fixed." But has it really' The answer, says defense attorney Jenny O. Blake, is yet to be determined.

Blake, a partner with Chicago-based Lowis & Gellen, LLP, points out that the constitutionality of the new law is already being challenged in Cook County lawsuits, the first being Lebron v. Gottlieb Memorial Hospital, et. al., filed in November 2006. The plaintiffs in the cases are questioning several provisions of...

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