Frank Cornelius, and the Iowa Citizen Action Network

The following article, entitled "Crushed by My Own Reform" is the story of Frank Cornelius, an insurance lobbyist who got royally screwed by the tort reform he helped enact. The article appeared originally in the New York Times on October 7th, 1994.

Crushed By My Own Reform By Frank Cornelius

In 1975, I helped persuade the Indiana Legislature to pass what was acclaimed as a pioneering reform of the medical malpractice laws: a $500,000 cap on damage awards, and elimination of all damages for pain and suffering. I argued successfully that such limits would reduce health care costs and encourage physicians to stay in Indiana – the same sort of arguments that not underpin the medical industry’s call for national malpractice reform.

Today, from my wheelchair, I rue that that accomplishment. Here is my story.

On February 22, 1989, I underwent routine arthroscopic surgery after injuring my left knee in a fall. The day I left the hospital, I experienced a great deal of pain and called the surgeon several times. He called back the next day and told my wife to get me a bedpan. He then left on a skiing trip. I sought out another surgeon, who immediately diagnosed my condition as a reflex sympathetic dystrophy – a degenerative nervous disorder brought on by trauma or infection, often during surgery.

A few months later, when a physical therapist improperly red the instructions on a medical device, I received a tremendous current of electricity through my left leg. This seriously complicated my condition.

In August 1990, another physician proposed a medical procedure, but used the wrong instrument; that left me with several holes in the vena cava, the main vein from the legs to the heart. I would have to bled to death in my room if my wife had not come to see me that evening and called for help. As another physician tried to save my life, he punctured my left lung.

The cost of this cascading series of medical debacles is painful to tally:

I am confined to a wheelchair and need a respirator to keep breathing. I have not been able to work.
I have a continuous physical pain in my legs and feet, prompting my doctor to hook me up to an apparatus that drips morphine. My pain used to rate a 10 on a scale of 1 to 10. Now it’s about a 4.
Twice, I have received last rites from my church.

My marriage is ending, and the emotional fallout on our five children has been difficult to witness, to say the least.

At the age of 49, I am told that I have less than two years to live.

My medical expenses and lost wages, projected to retirement if I should live that long, come to more than $5 million. Claims against the hospital and physical therapist have been settled for a total of $500,000 – the limit on damages for a single incident of malpractice. The Legislature has raised that cap to $750,000, and I may be able to college some extra damages if I can sue those responsible for the August 1990 incident the nearly killed me. But apparently because of bureaucratic inertia, the state medical panel that certifies such claims has yet to act on mine.

The kicker, of course, is that I fought to enact the very law that limits my compensation. All my suffering might have been worthwhile, on some cosmic scale, if the law had accomplished its stated purpose. But it hasn’t. (Emphasis added.)

Indiana’s health care costs increased 139.4 percent from 1980 to 1990 – just about the national average. The state ranked 32nd in per capita health spending in 1990 – the same as in 1980.

It is understandable that the damage cap has done nothing to curb health care spending; the two have almost nothing to do with each other. In 1992, the Congressional Budget Office reported that medical malpractice litigation accounted for less than 1 percent of total healthcare spending. I doubt that the percentage in Indiana is much different.

Make no mistake; damage caps are arbitrary, wholly disregarding the nature of the injury and the pain experience by the plaintiff. They make it harder to seek and recover compensation for medical injuries; extend unwarranted special protection to the medical industry; and remove the only effective deterrent to negligent medical care, since the medical profession has never done an effective job of disciplining negligent doctors.

Medical negligence cannot be reduced simply by restricting consumers’ legal rights. That will happen only when the medical industry begins to effectively police its own. I don’t expect to see that day. (Emphasis added.)

Sadly, Frank did not live to see that day and passed away. To me, the most telling part of this article is that tort reform legislation did nothing to to decrease healthcare costs in the state of Indiana.

I've seen this article in numerous places, but was reminded again of it while reading the Iowa Citizen Action Network's webpage, which has a lot of good information for everyone - not just Iowa citizens.

Here is a good article from their site on how to lobby your politicians. Check them out.

Comments

[Dogger]

Proof conclusive that God exists.

[emily]

Frank Cornelius is my father and im the youngest of six kids(Todd Cornelius, Taylor Cornelius, Bryce Cornelius, Amy Branham, and Val Branham). Taylor Cornelius died December 15, 2003. i just wanted all to know that he was a great father to me n my brothers and sisters and that yesterday was his 12 year anniversary of his dealth. Thanks to all supported my dad in everything he did!!!!!

-Emily Cornelius

[Dianne Parker]

I watched A&E as they again aired the program showing how the Indiana Legislators processed this law and how the unfortunate outcome turned on Mr. Frank Cornelious. What a pity his own personal story did not help to turn this all around so that others could be helped from his own situation.
My husband is the survivor of two such medical mistakes and has not been able to walk in more than 3 yrs now. The time is passing way too quickly - and I watch helplessly as he looses a little more ground each day - but as a result of his multiple injuries I have joined the forces of the numerous patient safety advocates in many forms across this country - and I will fight for new laws, better health care "Transparency" and access to information to help any and all future patients avoid the horror of finding out after the fact that the surgeon and hospital you used was not capable of QUALITY Medical care and you take home a patient who is no longer a viable, functioning person. It's sad to find out AFTER the fact that things could have had a "normal" or good outcome had you just known about the facility and surgeon you chose.

My thoughts and prayers go with the family of Mr. Frank Cornelious and his herroic efforts to right the wrong he helped to create; just listening to him on that program tugged at my heart - because I too know what it is to be treated as he has been - but when I am, I present the physician, administrator or legislator or other professional with my business card with our photo on it; and tell them, this is the "Face of Medical Harm" what cn I do to help you? These are the things I think we all need to do - 1) PRAY 2) Don't be ashamed of the injury or injured individual {he/she didn't CAUSE the injury} 3) Join together to support each other 4) Know individually that we are all connected spiritually and God is in charge of it all - and will change it whether we live to see it or not. Mr. Frank Cornelious tried to right the Tort reform in his state - talking to your own state's legislative bodies can help toward fixing your own state's laws - In God's love, I am with you all and if you want to find me - contact WRDW in N. Augusta, SC Thank you

Thank you,