The State-Journal Register, February 20, 2009

Dr. Robert Hamilton's letter Feb. 12 makes the claim that prior to the law's enactment in 2005, our state was in "chaos." However, the American Medical Association's very own data contained in the recent "Physician Characteristics and Distribution" in the United States mocks this claim.

Doctors, it seems, never did begin this exodus from our state that the doctors boldly claim. Moreover, there has not been an explosion of medical malpractice cases. Sadly, this was all propaganda put forth by an advertising campaign paid for by the state's largest medical malpractice insurer.

The law enacted in 2005 is nothing new to Illinois. Twice before this type of law was enacted and subsequently struck down as a violation of the Illinois Constitution. Our state's highest court has twice decided in favor of patients and against the insurance companies seeking to protect their own profits.

The arbitrary cap that is part of the 2005 law has been castigated as a one-size-fits-all approach that does not protect those who have been most harmed by medical and hospital negligence. The caps ordain that a little girl like Abigaile should be entitled to the same monetary damages as someone who suffered a much lesser injury, even though she and her family will be burdened for a lifetime.

What the doctors have conveniently left out of their letter is that long-suppressed insurance reforms that are contained in this same legislation have resulted in a reduction of malpractice premiums and the return of doctors to the state. Most importantly, this law has forced malpractice insurance companies to provide greater transparency on rate-setting and payouts that has in turn spurred competition.

The Illinois Constitution was put in place to ensure individual rights and freedoms to all Illinoisans. While corporations and profit-hungry executives often stack the decks against individuals in the marketplace and the halls of government, the courtrooms of our state can still provide all parties with a level playing field. The Illinois Supreme Court will now decide whether that constitutional standard remains in place for patients like Abigaile LeBron. We can only hope that the state's highest court will again decide in favor of patients and against the big insurance companies' profits.

Philip Harnett Corboy, Jr.
President
Illinois Trial Lawyers Association
Chicago