Vested Interest - February 2010 Issue

The President's Thoughts

Supporting the Effort

The decision is in…but the battle has just begun.

The Illinois Supreme Court’s ruling on the Lebron case was welcome news; their 4 to 2 decision overturned the 2005 legislation that imposed arbitrary caps on medical malpractice awards, and did so in a way that would appear to be the final word on the subject. Unfortunately, that’s hardly the case.

Even as the news of the decision was breaking, supporters of caps were letting their sentiments be known, pontificating on talk radio and popping up on television as “analysts.” The newspaper editorialists spent the next few days excoriating the court and predicting its decision would cause all manner of mayhem.

In almost every instance these pro-cap advocates relied on all the usual lies to make their case: Before caps doctors were “fleeing” the state. Caps drove down medical malpractice insurance premiums. Illinois is a “judicial hellhole.” Medical malpractice awards equal “jackpot justice.” And on and on.

Missing from the discussion was a dissenting voice; no editorial, few letter writers, and no radio host hailed the Illinois Supreme Court. The field was completely given over to cap proponents – and they aren’t going to accept this defeat. In fact, they are already marshalling their forces and mapping their strategy to re-impose caps and more. Their push for public opinion is ongoing, and as we’ve seen, they have on their side much of the print media. They currently, in public relations parlance, control the message, and left unchallenged they will sway public opinion and influence legislators. And they’ve made it clear they’re determined to change the make-up of Illinois Supreme Court.

As simply and as forcefully as it can be said, we can’t sit back and allow this to happen. We must be as aggressive in supporting the court’s decision as they are in attacking it. We must become as strong and vocal advocates for victims of medical negligence outside of the courtroom as we are when we’re inside. And above all else we have to ensure those who believe as we do remain in their positions of influence and power.

In the membership survey conducted last summer, many of you stated ITLA should do far more to promote our profession and our legislative agenda. The same beliefs came through in your comments, strongly urging us to launch public education efforts, increase advertising, and improve our media relations.

All of these are great ideas, and perhaps ITLA could do more to “get our message out.” However, this responsibility is on all of us, not just a few staff members. Some tactics to use take only a few minutes and cost you nothing: write a letter to the editor when you spot a pro-caps letter or editorial, call in to the radio show that’s bashing the court’s decision, post an online comment on the “thread” that follows web stories about the ruling.

A collection of letters to the editor and op-eds can be found at www.iltla.com. Other information can also be found at our new site www.insurancereformillinois.org.

And keep this in mind, too: Even if your practice does not involve medical malpractice, the threat is still there. If caps are re-imposed on medical malpractice, how far behind do you think before caps are placed on auto, property, premises, or workers compensation? This issue affects every one of us.

We cannot let the caps crowd have the only voice in this debate; without a challenge their misrepresentations are the only “facts” the public and lawmakers hear. Challenging them, advancing our point-of-view, and setting the record straight are vital strategies – and all come with a price tag.

For a starting point, pledge to become a vocal advocate of the court’s decision by writing letters, making phone calls, or posting comments. Next, consider donating to ITLA an amount equal to your yearly dues. If every member did that we’d have enough to help our supporters, advertise, lobby, educate the public, and launch an effective media campaign.

These are all programs and strategies you have said you want ITLA to pursue – all that’s lacking is enough money to launch and maintain them.

This is too big a crisis to ignore, and it although it may cost us some money and effort to fight back, it carries too large a price tag if we lose. We need everyone to step up and become part of the fight – one we all win together, or lose together.

Thank you in advance for your support – and your check.

Peter J. Flowers, President
Illinois Trial Lawyers Association