Illinois governor Pat Quinn is reported to have signed legislation with little fanfare that will allow lawyers to take a third of the damages in successful cases.
Cap on fees
According to a report in the Chicago Tribune newspaper, local medics have slammed the law, claiming it is little more than a pay-rise for lawyers at the expense of traumatised patients. However, legal profession representatives in the state say the move simply regularises the position regarding damages, and indeed puts a cap on lawyer fees, preventing the exploitation of clients.
The Tribune reports that the Illinois Trial Lawyers Association has lobbied hard for the law, maintaining that while it might raise the average proportion paid to its members, the legislation will curb the current explotation in which some lawyers scoop as much as half a client’s damages.
Complex cases
Patrick Salvi, the managing partner of Chicago law firm Salvi Schostok & Pritchard, praised the move, telling the Digital Journal web site: ‘Considering the significant investment of time, effort and resources that medical malpractice cases require, and the highly complex nature of such cases, it’s fair to allow attorneys to receive the same fees as they could receive in other, non-medical negligence cases, which is what this law accomplishes. At the same time, this law will prevent lawyers from seeking higher fees.’
But critics are not placated. The president of the Illinois State Medical Society, which represents doctors, Dr William Werner, told the Tribune that the law ‘goes against the purpose for which money is awarded to an injured patient. Awards are intended to offset patients’ losses, not pad the pockets of their attorneys.’
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