June 28, 2007

Letters to the Editor
Daily Herald

“The mad dash for cash –in the end, YOU pay the bill”
By Rodney C. Osborn, M.D., President, Illinois State Medical Society

Expect more than temperatures and gas prices to rise this summer.  This August, plaintiff lawyers will begin their court assault on the constitutionality of medical liability reforms.  So what’s at stake in this battle?  Your access to health care will be pitted against plaintiff lawyers’ compensation.  Let’s cross our fingers that your health interests win.   

In 2005, the state legislature thoroughly debated how to restore balance to Illinois’ unstable and costly medical liability environment.  At the time doctors were leaving Illinois due to soaring medical liability insurance premiums.  Something had to be done to keep doctors’ doors open to Illinois patients.  That something was a $500,000 cap on non-economic damages, which are often astronomical and emotionally-driven, applying to physicians and a $1 million cap for hospitals. 

Under the 2005 reforms, victims of true medical negligence may still receive unlimited economic damages such as lost wages, medical expenses or future earnings potential.  But by capping non-economic damages and making other reforms, lawmakers signaled that the plaintiff’s lawyers’ practice of firing off multiple, often meritless lawsuits against doctors would no longer be tolerated.  

Both lawmakers and the public realized the cost of health care increases for everyone when high jury awards trigger higher medical liability insurance premiums.

Fast forward two years: Now plaintiff’s lawyers are not only hoping to convince the courts to overturn the 2005 reforms, they also pushed through the passage of legislation that will further destabilize the Illinois court system.  Their success means you’ll ultimately pay the price you whether you must pay more for your health care or drive two hours for a doctor appointment.

Their bill, HB 1798, adds grief, sorrow and mental suffering to the list of recoverable items in a wrongful death lawsuit and was swiftly and silently signed into law by the governor on May 31.  (By the way, people can already sue for love, care, comfort, protection, guidance, advice, and affection of the deceased; how many more ways do we need to describe loss?)

Doctors aren’t alone in opposition to this plaintiff attorney bill.  Municipal leaders like the Chicago mayor and Cook County board president, newspapers like the Belleville News-Democrat, and business groups and the hospital association have blasted the legislation as “a money grab” by the trial bar.

Plaintiff lawyers often depict themselves as defenders of patients’ rights.  In light of their recent push for legislation, I think a more fitting label for them would be promoters of their personal bank accounts.  For our health’s sake during the medical liability challenge, let’s hope nobody buys what they’re promoting.

ISMS is a professional membership association representing over 13,000 physicians practicing in all medical specialties statewide.  Dr. Osborn is an anesthesiologist practicing in Peoria, IL.