The Pioneer Press recently ran an a great editorial urging Blagojevich to veto the recent Illinois Legislation establishing caps on non-economic damages. The article points out that insurance companies raised their malpractice premiums during a period where the number of claims as well as the size of judgments were essentially stable. The editorial went on to note that other facts, like the volatility of financial markets, is the probable explanation for the increases in premiums.
Just wanted to quote some great language from the editorial:
"...Caps on awards strike at a fundamental American right to justice. In our system, people who have been damaged by negligence are entitled to seek a remedy, to be made "whole" by a jury of their peers. Judges can, and often do, reduce damages they believe to be excessive. Legislative intrusion into the tort system will not only reduce awards to the most severely injured, but will make it more difficult for anyone to seek justice." Well said.
Finally, have to point out some Senatorial hypocrisy I read about courtesy of an email message from the National Democratic Senatorial Campaign Committee. Seems Sen. Rick Santorum(R-Penn) was touting some new "legal reform" legislation this past week. The centerpiece of the plan is to limit non-economic damages to $250,000. What Santorum didn't mention is that his wife filed a med mal case not long ago seeking $500,000. According to the email, at trial she was awarded $350,000. Doubt he would have supported this legislation back when his wife was a victim. What a worm.
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