June 9, 2005

Daily Southtown
Via e-mail

To the Editor:

The 14,000 members represented by the Illinois State Medical Society, and more than two-thirds of our state’s citizens disagree with your June 5 editorial (“Gov should veto malpractice caps”). The legislation recently passed by the Illinois General Assembly will ensure those injured by medical negligence receive fair and timely justice, and that all citizens will have improved access to needed medical care. You chose to ignore the worsening health care access crisis which this legislation addresses.

As you point out, the cap applies only to the non-economic portion of a damage award – those damages that cannot be objectively calculated. The increasing trend in these purely subjective awards points to one problem: a broken and out-of-balance legal system that promotes excessive litigation at the expense of access to health care. With no maximum standard in place, juries grant awards based on emotion not fact. This is not a fair or balanced way to reach justice. Additionally, an “average weekly wage” provision ensures equality for unemployed plaintiffs by increasing their compensation for economic losses.

Other provisions in the reform bill will expedite true cases of medical negligence by weeding out baseless claims that clog the system. Standards for experts weighing-in on the merits of a case are enhanced. Insurance regulation and medical discipline are enhanced. Public information about physicians is made more available for patients to review.

Recent studies indicate that states with caps have more doctors, more liability insurers, and lower liability premiums for physicians. This equates to improved justice and access to medical care. By signing this legislation into law, Governor Blagojevich promotes the public good over personal beliefs by restoring balance between access to the courtroom and access to the treatment room.

Sincerely,

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

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