Personal Injury Law

Illinois Supreme Court Delays Medical Malpractice Damages Cap Ruling

The Illinois Supreme Court has delayed issue a decision over whether medical malpractice caps for hospitals and doctors are constitutional. The Supreme Court had indicated that it might issue a ruling this week.

The Illinois medical malpractice caps for noneconomic damages, $1 million against hospitals and $500,000 against doctors, was signed into law in 2005. The lack of a medical malpractice cap before that was cited by doctors as the reason why many physicians chose to leave the state and practice elsewhere.

This is not the first time the Illinois Supreme Court has been asked to rule on adopted caps. On two other occasions, the high court ruled against them.

The case before the Illinois Supreme Court involves a Cook County Circuit Court case. In 2007, Judge Diane Larsen said that placing a cap on medical malpractice awards is a violation of the Illinois Constitution. She decided that lawmakers are not allowed to interfere with judges and juries' right to figure out the amount of damages that is fair.

Illinois Medical Malpractice
Medical mistakes can be costly and tragic for its victims. Errors by doctors, nurses, surgeons, anesthesiologists, obstetricians, primary care doctors, optometrists, and other medical providers are usually not simple mistakes that can easily be remedied. The pain and suffering, loss, additional medical costs, and other damages can be too much for the victim and family members to bear. Obtaining Chicago medical malpractice recovery can help relieve some of this burden.

Medical malpractice: Illinois Supreme Court delays ruling on damages cap case, Chicago Tribune, December 18, 2009

Ill. high court delays rule on medical malpractice, Google/AP, December 17, 2009

Related Web Resources:
Welcome to Illinois Courts

Damages in Medical Malpractice Cases, Nolo

Full post as published by Chicago Injury Attorney Blog on December 22, 2009 (boomark / email).