The Wall Street Journal
Letters to the Editor

Dear Editor:

Much good has come to pass on Illinois’ medical care front since 2005, when state policymakers stepped up to enact comprehensive medical litigation reforms (WSJ editorial, 12-01-08). Daily media reports of doctors fleeing Illinois’ toxic legal climate and skyrocketing malpractice insurance premiums have subsided. Access to medical care is much improved.

Despite these positive signs, doctors are casting a wary eye at dark clouds that may be forming on the horizon. Trial lawyers are predictably attacking the law’s constitutionality and the Illinois Supreme Court must decide whether these important reforms will stand or fall. Also watching the legal forecast are the bright, young physicians-in-training at Illinois’ eight medical schools, many of whom already opt to leave after graduation; this in a time of looming physician shortages.

Over the last 30-plus years, Illinois lawmakers repeatedly passed litigation reforms, each time improving the law’s language after the court struck it down. In 2005, the legislature yet again reached bipartisan agreement to cap non-economic damage awards in malpractice lawsuits at $500,000 for doctors and $1 million for hospitals. Further, it imposed strict regulation on liability insurers and the medical community to assure better health care for the state’s 12 million residents.

Thirty-five states have already adopted similar reforms. In doing so, they have cast sunnier futures for patient care.

Without strong liability reforms, Illinois is indeed in the path of a perfect storm. We salute the Wall Street Journal for calling on the Illinois Supreme Court to “side with patients and the rule of law” in upholding medical litigation reforms for Illinois.

Sincerely,
Shastri Swaminathan, M.D.
President
Illinois State Medical Society

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