May 15, 2007

Letters to the Editor
Chicago Tribune

To the Editor:

Surprise, surprise.  Plaintiff attorneys are looking for new ways to pad their pockets after the passage of the medical liability reforms in 2005.   Now the state legislature is considering House Bill 1798, which would add grief, sorrow, and mental suffering to the list of recoverable items in a wrongful death case. 

If one of my loved ones becomes a victim of wrongful death, I can already sue for deprivation of all of the following: love, care, comfort, protection, guidance, advice, and affection of the deceased.  How many more ways do we need to describe loss?  Isn’t current law, with its numerous recoverable damages, enough?

HB 1798 is another example of people going overboard and wrecking havoc on our legal and health care systems.  With its enactment, juries would be able to award new emotional and often astronomical awards.

In addition to allowing redundant compensation for losses that are already compensable, HB 1798 will also create more financial incentives for plaintiff attorneys to seek recovery for wrongful death, and therefore increase the number of cases filed under this statute.  These potential effects would further raise medical liability insurance rates for Illinois physicians and turn back the positive effects of the 2005 medical liability reforms.

If you are concerned about health care availability in your community, contact your state senator and urge a “no” vote on HB 1798.

Sincerely,

Shastri Swaminathan, M.D.
Chicago Psychiatrist

Twenty North Michigan Avenue, Suite 700 Chicago, Illinois 60602 Web site: www.isms.org
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