May 2, 2005

Decatur Herald & Review
Via e-mail

To the Editor:

Doctors agree, Illinois patients must not be forgotten in efforts to pass litigation reform (“Patients are ignored in reform equation”, April 27, 2005). Sadly, what is frequently overlooked in this debate is one basic fact: 72 percent of the public supports strong legal reforms – including a cap on non-economic damages.

As you point out, caps were wrongly taken “off the table”. Illinois doctors have worked in good faith to advance comprehensive legislation that addresses a wide scope of concerns with the liability system, yet the bill has not ever been fully discussed.

Illinois physicians are willing to compromise, and have when the interest of our patients remains intact. We stand with our patients, however, in supporting strong, proven litigation reforms, including a cap on non-economic damage awards. As a doctor, if I were to “compromise” and agree to prescribe an ineffective remedy, I would indeed be negligent. Caps have been proven effective medicine for “sick” legal systems in other states. Where given a chance to work, e.g. Texas, the insurance market has stabilized and attracted new insurers, medical liability premium rates have been reduced because future losses have become more predictable, and access to medical care has improved – all without blocking the courthouse door.

Doctors and an overwhelming majority of our patients support strong litigation reforms. If our patients understand the benefit and need for such action, why don’t our state’s leaders?

Sincerely,

Craig A. Backs, M.D.
President, Illinois State Medical Society

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