Legislative Reform of the Medical Malpractice Tort System in Illinois
分析了1980年代中期医疗过失索赔激增引发的第二轮立法改革，以伊利诺伊州为例，探讨了医疗过失责任保险的特殊性及改革动因。
Medical malpractice appears to be a problem that will not go away. In the mid 1970s many multiline insurers abandoned this market due to rapidly escalating malpractice claims and general underwriting losses. Legislated programs and the emergence of medical provider operated insurers produced a continuing market for this line. By the mid 1980s continued escalation of malpractice claims, financial difficulties for malpractice carriers, and a tightening reinsurance market have created another situation calling for legislative reform. This paper analyses the second round of the malpractice issue, with specific reference to developments in Illinois. Medical malpractice is in many respects a typical liability insurance line suffering from the common ailments of liability insurance: an increasingly litigious society, rapidly escalating claim and defense costs, unpredictable jury verdicts and awards, uncertain legal interpretations, excessive discovery processes and interminable trial delays. Commercial multiperil, environmental impairment, directors and officers, products liability and numerous other coverages all suffer from these same factors. Underwriting restrictions, nonrenewals and cancellations, and rate increases are common insurer reactions to these problems [ 13, 14, 15, 18, 27, 30, 31] . Insureds generally react by shopping more widely for coverage, accepting higher deductibles and/or lower limits, self insuring part or all of the exposure, and passing costs on to customers. However, medical malpractice is also unique in several respects. Medical malpractice is largely purchased by individual physicians who represent a well organized, articulate, sympathetic, and well financed interest group at both the national and state levels. Based on a number of economic theories, these characteristics provide a likely source for receiving preferential treatment [22, 28, 34]. Second, health care costs are coming under increased