May 2, 2005

Chicago Tribune
Via e-mail

To the Editor:

No one wants a “bad doctor” practicing medicine, and that includes other doctors. Illinois physicians have for years supported a strong medical disciplinary process. But to say Illinois’ litigation crisis is the result of sub-par medical care flies in the face of reason and fact. The Tribune’s recent story (“Lawmakers target bad doctors,” May 1), took a soft pitch from personal injury lawyers and their paid “consumer group” mouthpieces, further diverting attention from our state’s real problem – a litigation system out-of-control.

Your article states that Illinois’ medical disciplinary board increased its actions against medical professionals. If more discipline was the answer to our state’s oppressive litigation environment, then where are those improvements? The answer is simple: good doctors – the ones who take on the most difficult, complex medical cases – get sued all the time, yet four out of five cases are disposed of with no payment to the plaintiff. Should we revoke the licenses of all doctors who’ve lost a lawsuit in this hostile legal environment? That would leave few, if any, remaining neurosurgeons and other high-risk specialists to take care of patients.

And let’s not forget that doctors have agreed to higher licensure fees to fund an efficient and effective medical disciplinary system, only to have state government “raid” these monies to pay for totally unrelated purposes. Further, the Tribune failed to credit ISMS-backed legislation as proposing the very medical discipline improvements the story cites as key. Our bill also contains essential litigation reforms including, most importantly, a cap on non-economic damage awards (such as pain and suffering and emotional distress), but continuing to pay fully for all of an injured patient’s economic losses.

Lawmakers must act to bring more balance and more fairness to our broken legal system.
The average total jury verdict in Cook County has gone up over 400% in the last 5 years, and non-economic damages account for over 80 percent of an award! Plaintiff lawyers get upwards of 40 percent of the total damage award in fees and expenses – which explains their feverish defense of our broken system.

A cap on non-economic damages is the only proven, long-term solution. In states where caps were enacted, liability insurance premiums went down, medical liability insurance companies returned, and access to medical care improved. Seventy-two percent of the public supports meaningful reform -- why don’t our state’s leaders? Passing meaningful litigation reform is needed to “keep doctors in Illinois!”

Sincerely,

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

Twenty North Michigan Avenue, Suite 700   Chicago, Illinois 60602   Web site: www.isms.org
Telephone: 312-782-1654   Toll Free: 800-782-ISMS   Fax: 312-782-2028