Personal Injury Law

Illinois Justices Consider Constitutionality of Medical Malpractice Caps

By Steven M. Levin and John J. Perconti

Illinois? Supreme Court is examining the constitutionality of caps lawmakers placed on lawsuit awards. State legislators passed a law that capped non-economic damages, such as pain and suffering, in medical malpractice suits to $500,000 for doctors and $1 million for hospitals in 2005. The three-year-old law does not limit actual damages which include medical expenses and lost wages. Last year, Cook County Circuit Court Judge Joan Larsen ruled in the case of LeBron v. Gottlieb Memorial Hospital that the caps are unconstitutional. Six of the seven state Illinois Supreme Court judges heard the case that centers on a 3-year-old girl who is severely disabled. The attorney for her parents said the girl?s medical problems, which include cerebral palsy, were the result of medical mistakes during her mother?s pregnancy. To read the full story, click here.

Full post as published by Illinois Medical Malpractice Blog on November 20, 2008 (boomark / email).