Personal Injury Law

State Supreme Court Declines to Hear Case on Medical Malpractice Damages Cap

By Steven M. Levin and John J. Perconti

A state Supreme Court declined to hear a case on whether or not medical malpractice damage caps violate state constitutional rights. The state?s legislature approved caps on non-economic damages, such as pain and suffering, yet still allowed direct appeals on constitutional questions. The patient in the case had contended that the $250,000 cap violated constitutional provisions such as the right to due process, equal protection and jury trials. The state had capped non-economic damages in medical malpractice suits at $250,000 and death suits at $1.6 million one of the lowest caps in the country. Since the act?s enactment, hundreds of medical malpractice suits have been filed in the area, and many of them claim that the caps are unconstitutional. Legislative determined caps do not allow a jury to look at each case individual and deny victims their due process in court. To read the full story, click here.

Full post as published by Illinois Medical Malpractice Blog on September 25, 2008 (boomark / email).