Many states are experiencing a medical liability crisis that threatens the accessibility and affordability of health care. According to the Illinois Medical Society, the cause of this crisis is “an out-of-control legal system that allows for excessive, non-meritorious litigation and skyrocketing jury awards in medical liability suits”.

Currently, state policy makers in Illinois encourage Illinois residents to import drugs from Canada to reduce the prescription drug portion of their health care costs. Health care in Illinois could be more accessible and affordable by also adopting a Canadian approach to medical liability that would have a much more dramatic affect on lowering Illinois health costs than importing Canadian drugs.

Note: there are approximately 14,000 Illinois physicians versus 68,000 Canadian physicians

According to the Illinois Medical Society over 3,600 claims were filed against Illinois physicians compared to approximately 1,200 legal actions commenced against physicians in all of Canada (of which only 125 went to trial). An important characteristic of Canada’s medical liability environment is a reasonable cap on non-economic losses that does not limit patients’ compensation for economic losses such as past and future income and all the costs of present and future care.

Any serious effort to bring American healthcare costs in line with other developed countries must address the enormous burden of excessive medical liability costs that ultimately are borne by American patients and consumers.