May 25, 2007

The Honorable Rod Blagojevich
Governor
State of Illinois
207 State House Springfield, IL 62706

Re: HB 1798

Dear Governor Blagojevich:

The 13,000 members of the Illinois State Medical Society respectfully request your veto on HB 1798, which would increase awards in wrongful death lawsuits. Wrongful death lawsuits are frequently filed as part of medical malpractice litigation. HB 1798 is clearly an attempt to broaden the damages in medical malpractice litigation, and is a major step in the wrong direction.

Historically, damages for pain, suffering, grief or sorrow to survivors in wrongful death lawsuits have not been permitted. That’s because Illinois Supreme Court decisions already permit awards in such cases for loss of love, care, comfort, protection, guidance, advice and affection of the deceased. These awards are designed to compensate survivors for their emotional losses, including the resulting sorrow, grief and mental suffering. HB 1798 simply allows a double recovery in these lawsuits.

Two years ago, in coordination with the General Assembly, you thoughtfully reviewed, investigated and debated damages in professional liability actions against physicians, hospitals, and others. In the end, both you and the General Assembly decided to maintain access to health care and protect this vital service for the citizens of Illinois by capping non-economic damage awards. HB 1798 would expand the damages allowed in wrongful death lawsuits and medical liability litigation, and even with the current cap, would increase awards and physician malpractice premiums. If the cap were to be struck down by the courts, the ramifications of HB 1798 could even be far worse.

For all of the reasons listed above, please veto HB 1798. Thank you for your consideration of this request, and please feel free to contact me if you have any questions.

Sincerely,

William E. Kobler, M.D.
Chair, Board of Trustees
Illinois State Medical Society