SOUTHERN ILLINOIS - Area physicians are planning to leave Southern Illinois because of legislation passed by the Illinois General Assembly on May 31, which amended the Wrongful Death Act.
Kate McDonough, spokesperson for the Illinois College of Emergency Physicians, said the new amended legislation allows a jury in a civil trial to award damages for grief, sorrow and mental suffering. The original legislation prohibited jurors in a civil trial from considering those three factors, she said.
McDonough said the new bill also deleted language limiting the amount of damages that could be awarded.
State Rep. Mike Bost, R-Murphysboro, said he opposed the legislation and voted against the bill.
"We had reform to try to calm down the frivolous (medical malpractice) lawsuits that were occurring. What this does is reopen the floodgates," Bost said. "This is going to swing the door back open and insurance rates are going to go up again. If we keep going down that path, we will lose them (doctors in Southern Illinois) to surrounding states again.
Bost said the recent legislation bypasses the medical malpractice reform that was passed in 2005.
Dr. Dale W. Kesl, Herrin Hospital emergency department director, said he plans to leave the area because he feels the legislation is putting his career in jeopardy.
"In these new cases (with the amended legislation) they can get everything you have," he said.
Kesl said being a doctor isn't about the money, it's about saving lives. He said some conditions are impossible to diagnose until it's too late.
"People make mistakes. Even the most diligent physician will make mistakes and going after their personal assets isn't right," Dr. Pak Fung said. "You have physicians leaving and no neurosurgeon in this part of the state. It's ridiculous to have to work under these kinds of circumstances. It gives me second thoughts about practicing in Illinois."
Fung works at both Herrin Hospital and Memorial Hospital of Carbondale.
Attorney John Brewster of Marion said the legislation is designed to treat all cases the same.
"I feel it's an improvement and for the benefit of the public, especially the victims. Those who are interested in the care and comfort of victims look at it as improvement," Brewster said.
State representatives Brandon Phelps and John Bradley voted for the amendment.
"This was not about doctors," Phelps said.
He explained that there is similar legislation for pets.
"I thought it was ludicrous that you could do it for your pets and not your kids," Phelps said. "It allows them (surviving spouse or next of kin) the vehicle to let the jury hear it and let them decide. It (the bill) doesn't say it has to compensate them. This allows them the ability to allow a jury to hear it and decide."
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