"Tort Refomers" and their front groups are at it again

We have been covering all of the biased coverage of the upcoming Illinois Supreme court case to decide the constitutionality of the 2005 barbaric caps placed on noneconomic damages in medical malpractices suits in Illinois.  Well here goes another editorial in the same vain.  This time it is from none other than the Madison County Register.  You know them - the "independent" paper that reports on legal cases/issues... and yeah owned by the US Chamber of Commerce. 

Well they published this editorial on Sunday (8/24/08) - I don't know what kills me the most their blatant disregard for the truth or judicial independence.  They start the piece out by saying,

Supreme Court justices are accountable to voters.

We should keep that in mind over the next two months, as Illinois' High Court reviews the latest round of medical malpractice lawsuit reforms enacted by state lawmakers.

While it is true we elect Supreme Court Justices in Illinois, I think above everything else Judges should be impartial and be held accountable to the law, not voters or political pressure.  The courts is the place were people go to stand up for their rights from anyone, big or small.  I hope as responsible citizens, we allow the judicial system to do ts job unhindered.

Now on to their attack on victims of medical malpractice.  First of all, caps had nothing to do with the flattening of insurance rates here in Illinois or throughout the country.  Modulations in the insurance cycle cause this (see here).  Additionally, as part of the compromise legislation that passed caps, comprehensive insurance reforms were passed.  These reforms finally gave the Illinois Department of Insurance real power to inquire about rates, approve or deny rate hikes, and make greedy insurance companies stop gouging doctors.  (Read more about the ISMIE example here.) Not only did the reforms increase state power, it also opened the door to more competition from outside insurance companies... but again don't take just our word for it, in a recent article by the St. Louis Post-Dispatch, the Illinois Director of insurance said,

And Michael McRaith, director of the Division of Insurance in the state's Department of Financial and Professional Regulation, said he thinks other reforms in the law were more important than damage caps in bringing down rates.

Among other changes, the law allows state regulators to gather and make public the actuarial data used by medical malpractice insurers.

"For the first time in the history of this state, insurance companies that want to compete for business in Illinois have access to actuarial information and loss and claims data," McRaith said. "We see more companies coming in and a stabilization or decline in actual rates." He said the law also requires public hearings for proposed rate increases that exceed 6 percent.

"The prospect of a hearing is a deterrent in itself," McRaith said.

So where is the "unbiased" Madison County Register getting it's information?  Hmmm, maybe they are just mimicking what the insurance companies have to say.  But then again, what do you expect from a mouth piece of BIG BUSINESS.  All I know is that they are not looking out for the patients and victims of medical malpractice like Donna Harnett and her son Martin, or the seniors, women and children that caps disproportionately hurt.   

It is time to stop the same old lies and let the court do its job.  I for one hope the Supreme Court listen to the Illinois Constitution and continue to protect the rights of everyone in Illinois by striking down these draconian caps as they have done to similar ones twice before.