New legislation on its way to the Illinois Senate would give patients access to detailed background on physicians in that state. Through these detailed physician records, patients would be able to learn if their doctor has ever made medical malpractice payments, if they have ever been fired, or criminal history, among other data.
The battle for legislation giving patients more access to information about doctors has gone on for nearly a decade in the state of Illinois, but last week's passing of the "Patient's Right to Know Act" in the Illinois House marked a very significant turn in the battle. The act was passed as a standalone bill in the House and will now go into the Senate.
Supporters of the state's patient's rights legislation identified a Chicago Tribune investigative series as a major influence in the creation and passing of such legislation. The series of investigative reports exposed slowness by state regulators in responding to convicted and dangerous physicians, many of whom were able to practice in the state without being checked.
The only information currently available online to patients is whether a physician has been disciplined by the Illinois Department of Financial and Professional Regulation. The new Patient's Right to Know Act would require documentation of medical malpractice payments and criminal history to be available for viewing by patients online.
After a narrow victory in the House, it is not clear if the legislation will be able to pass in the Illinois Senate. In the past such legislation has failed in passing due in part to its opposition by the Illinois State Medical Society, an organization's whose power - both political and financial - has influenced past defeat of similar legislation.
Many Illinois doctors oppose this legislation citing the cost of maintaining such a database of records would be beyond what the state can afford, although a recent study found that the creation and maintenance of this database would cost less than $41,000.
Similar legislation once passed in Illinois, but as an amendment to an existing law that placed caps on medical malpractice awards. This gave patients access to detailed physician profiles online for a year, and the site received very heavy traffic. But once the Illinois Supreme Court declared such malpractice award caps unconstitutional, the law and all of its amendments were eliminated.
Patient's rights is a very important subject, and it will be interesting to see how this legislation plays out in the Illinois state senate. If you believe that you or a loved one have been a victim of medical malpractice, contact the Law Offices of Dr. Bruce G. Fagel at (800) 541-9376 for a free consultation.
