Lebron v. Gottlieb Memorial Hospital: capping medical practice reform in Illinois

On February 4, 2010 the Illinois Supreme Court struck down Illinois' medical practice reform bill, P.A. 94-677, when it decided Lebron v. Gottlieb Memorial Hospital. Although the court only considered the unconstitutionality of the cap on non-economic damages contained in that bill, an inseverability provision resulted in the invalidation of all of its provisions. The end result of the Lebron decision extends much further than the striking of the cap on non-economic damages. It affects such areas as medical liability insurance law, physician discipline, public disclosure of information, the admissibility of physician statements into evidence, and expert witness standards. The Lebron holding has raised a significant obstacle to the implementation of a wide range of legislative measures intended to improve both the delivery and quality of healthcare services in Illinois. This article explains the impact of Lebron in these collateral, but important, areas of the law.     

Change blindness can cause mistaken eyewitness identification

The current study investigated the effects of change blindness and crime severity on eyewitness identification accuracy. This research, involving 717 subjects, examined change blindness during a simulated criminal act and its effects on subjects' accuracy for identifying the perpetrator in a photospread. Subjects who viewed videos designed to induce change blindness were more likely to falsely identify the innocent actor relative to those who viewed control videos. Crime severity did not influence detection of change; however, it did have an effect on eyewitness accuracy. Subjects who viewed a more severe crime ($500 theft) made fewer errors in perpetrator identification than those who viewed a less severe crime ($5 theft). This research has theoretical implications for our understanding of change blindness and practical implications for the real‐world problem of faulty eyewitness testimony.     

Protecting the Common Good: Technology, Objectivity, and Privacy

The rhetoric of public policy after September 11 encourages us to believe that the preservation of freedom and the safety of the common good requires our universal acquiescence to technological invasions of privacy. The purpose of this article is simply to warn that the rhetoric of public policy solutions post–September 11 may be inconsistent with the philosophical and legal framework of American democracy. While serving as a solution today, this rhetoric may pose a devastating blow to the balance of individual privacy and common good that is essential to the preservation of freedom.     

Workers' compensation: 1980-84 benchmark revisions

The first workers' compensation program was introduced 80 years ago. Its purpose was to compensate occupationally injured workers and their families for lost wages and medical expenses from job-related injury, regardless of fault. Today, each of the State and Federal programs that provides coverage to more than 86 percent of the work force uses a combination of private insurance, State or Federal funds, and self-insurance to meet its benefit obligations. The workers' compensation program is of continuing interest to the Social Security Administration (SSA) for several reasons. Since 1965, Social Security Disability Insurance benefits have been subject to reduction if such benefits, when combined with those provided under workers' compensation laws, exceed 80 percent of the worker's earnings. Because the two programs have gaps in protection as well as duplication in coverage, a periodic review of the workers' compensation program is necessary. In addition, SSA administers Part B of the Black Lung program--established to provide income-maintenance protection to coal miners disabled by pneumoconiosis--to about 1 million beneficiaries whose claims were filed before July 1973. This article provides revised benchmark data on the workers' compensation programs and presents a review of program operations during the early 1980's.