The Daily Egyptian is published by the students of SIU at Carbondale. Except during vacations and exam weeks, The Daily Egyptian is published Monday through Friday during the fall and spring semesters and TWThF during the summer semester."

Trial lawyers not to blame for medical malpractice woes

While thumbing through the Daily Egyptian on Monday, Oct. 18 (Tort Reform) I was appalled to see four Republicans putting the blame on trial lawyers and trying to persuade voters to not put Justice Maag on the bench. I am pretty shocked at how all the blame is put on trial lawyers and Maag.

Justice Maag has stated many times that something needs to be done. However Supreme Court Justices just interpret the laws, they don't make them. This was just another vicious attack on Justice Maag from a party that will spare nothing to place Justice Karmeier on the bench. The Illinois Chamber of Commerce has pumped millions of dollars into this race. I guess some think that there is a price on our freedoms.

Last Thursday the SIUC Pre-Law Association had two guest speakers at its meeting. The two Lawyers, one who stated he was a Republican, gave insight to the legal profession as a whole. They both showed great emotion while speaking out about the "frivolous law suits" plaguing the judicial system. We were informed that if there is suspected malpractice there has to be a second opinion from another doctor whether there was obvious negligence.

This would leave some to believe that this would eliminate some of the "frivolous law suits." They also informed us that there are just a very small handful of these cases in Southern Illinois.

Why is everyone blaming the trial lawyers? Because they don't want to blame the judges or juries that award the money. Lawyers just represent the people. They present their case just like the defense attorneys. Judges or determine the outcome, they are the ones that determine if a lawsuit is frivolous or not. Putting the blame on trial lawyers is just a way of looking around a problem because they are too scared to face the truth.

I do understand that there are greedy individuals out there that want to make a quick dollar, I see this everyday, but one must also remember that not all cases are frivolous and to put a cap would be detrimental to society. During the Pre Law Association meeting, an example was given by one of the lawyers about a little girl , born with severe brain and heart damage due to negligence of a doctor. How can you put a cap of $250,000 dollars on a case where medical expenses will far exceed that amount? How can you tell her that her life is worth $250,000?

I want everyone to know that I do admit that there is a problem with the insurance companies draining doctors dry and there has to be a solution, but please, put the blame where it belongs. Bringing Justice Maag into this equation is just another pathetic move on behalf of Justice Karmeier and his supporters. I do believe that it is truly sad that the four politicians were playing scare tactics with voters just to place Justice Karmeier on the bench.

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