If there is negligence, insurers must pay
As the current heated public discussions prove health care reform is a vital issue to all Americans. The debate needs to be vigorous and open to all views, but what damages that debate is when exaggerations and plain untruths enter the dialogue. Worse is when those falsehoods go unchallenged. In a recent letter to this paper, Dr. Steven Malkin repeats falsehoods about medical-liability insurance. First is his, and the insurance industry's, unchallenged claim that because of insurance costs doctors "fled" Illinois. Not true, and he knows it.
According to the American Medical Association, the number of doctors in Illinois has been steadily increasing over the past decade. For years, the insurance industry and people like Dr. Malkin have tried to convince the public that medical negligence victims are responsible for the increase in health care costs.
This is being said despite Illinois' largest malpractice insurer reporting payouts remaining flat for the past 13 years.
Dr. Malkin states the legislation of 2005 "worked to rectify" the situation, but he completely misidentifies what part of that legislation had a positive effect.
It was the insurance reforms contained in the 2005 legislation that worked. These changes have resulted in a reduction of malpractice premiums. The law forced malpractice insurance companies to provide greater transparency on rate-setting and payouts. That in turn spurred competition, motivated more companies to enter the marketplace and lowered premiums for doctors.
The real issue at stake is fairness, and it is under attack by critics such as Dr. Malkin who deride the civil justice system and demonize the innocent and injured, but such attacks will not provide the real reform needed for health care.
Illinois' - and America's - legal system provides justice to those who are injured or killed by medical negligence. If there is negligence, no injured citizen should have to suffer the further indignities of a closed courtroom and indifferent insurers.
Peter J. Flowers
President Illinois Trial Lawyers Association
St. Charles