Personal Injury Law

Illinois Declares Medical Malpractice Caps Unconstitutional

By Steven M. Levin and John J. Perconti

The Illinois Supreme Court showed their support for patient?s rights today by ruling that medical malpractice caps violate the state?s Constitution. The ruling strikes down a statute that would limit awards for noneconomic damages such as pain and suffering. This would be the third time that the Illinois Supreme Court rejected medical malpractice caps. The court told lawmakers that they could not limit the amount of money that a medical malpractice victim could win in court. The Illinois Supreme Court found that the legislature had violated the separation of powers by infringing on the powers of the judiciary. The ruling revolves around the case of a 4 year old victim who was a victim of medical negligence. This medical error caused the girl?s brain damage at birth. This is a landmark case that will help the victims of medical malpractice throughout the state of Illinois. Now that malpractice caps have been lifted, the victims may receive funding that is needed to survive. The lawyers at Levin & Perconti applaud the Illinois Supreme Court for their support of patient?s rights. A victim deserves to be rightfully compensated for their injuries. To read reaction to the important decision, please click the link.

Full post as published by Illinois Medical Malpractice Blog on February 05, 2010 (boomark / email).