Illinois Gov. Urged To Veto Med-Mal Bill

Trial lawyers are mounting a campaign to get Illinois Gov. Rod Blagojevich to veto the medical malpractice reform setting limits on awards for pain and suffering that the legislature passed late last month.

Dr. Craig Backs, president of the Illinois State Medical Society, said, "We knew opponents of reform would make every effort to try and stop it, at the legislature, at the governor's desk or in the courts, so this does not surprise us."

Dr. Backs said he has no reason to doubt that Gov. Blagojevich will soon sign the bill as he promised.

"He said that despite his own personal feelings about it he will sign it because it is what the people want," Dr. Backs said.

The governor "is not making an extraordinary effort to sign it quickly, but we also understand that he has not even received the bill," Dr. Backs said.

The legislative leadership has 30 days to certify the bill, which was passed in the last weekend in May, and the governor then has 60 days to sign the bill.

While the bill contains caps of $500,000 on non-economic damages that the insurance industry had sought, it also contained stricter regulatory measures that representatives believe will make it difficult to attract new writers to the state.

In a letter to the governor dated earlier this month, Keith Hebeisen, president of the Illinois Trial Lawyers Association, reminded him of his long time opposition to caps on non-economic damages. "All we are asking you is that you follow through on your commitment. If a member of your family was injured or killed by medical negligence would you want members of the General Assembly determining the value of their life or injury?" he asked.

Meanwhile, supporters of the bill are bracing for an Illinois Supreme Court challenge. Rob Carney, director of legislative affairs for the Illinois Chamber of Commerce said he is confident the law will be upheld by the state's highest court.

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