May 7, 2007

Letters to the Editor
State Journal-Register

To the Editor:

When I read “House votes to expand malpractice damages” (4/28/07), I was reminded of the adage, “Fool me once, shame on you.  Fool me twice shame on me.”  Illinois plaintiff lawyers have been muscling our state lawmakers this month to remove a ban on grief, sorrow, and mental suffering in wrongful death awards.  If passed, this law will enlarge medical liability awards and further drive up medical liability insurance costs.  In doing so, it’ll worsen the medical liability crisis that was finally beginning to ebb after Illinois passed caps on non-economic damages in medical liability cases in 2005. 

Surviving family members in wrongful death cases already may receive awards for lost wages and other financial support previously provided by the deceased. Additionally, our courts allow damages for love and affection that was provided by the deceased.  But this proposed law would allow redundant compensation for losses that are already compensable. 

We’ve been fooled once by allowing this state’s medical litigation system to drive droves of doctors from our state.  Let’s not be fooled again by legislation that is hostile to health care professionals and ratchets up the expense of health care.  There’s still time to avoid the devastation this law will instigate.  If you are concerned about health care availability in your community contact your State Senator and urge a “no” vote on “House Bill 1798.”

Sincerely,

Craig A. Backs, M.D.
Springfield Internist

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