Personal Injury Law

Illinois Safer for Patient Victims, Malpractice Caps Overturned

By Jamie G. Goldstein

Late last week, the Illinois Supreme Court announced its much anticipated opinion in the Lebron v. Gottlieb Memorial Hospital case. The Lebron case involved a young child who was injured as a result of medical errors that occurred at birth. Her life was forever changed through no fault of her own. Abigaile Lebron suffered severe brain damage that is irreversible. She will live her life being fed through a feeding tube. Her cognitive and physical development will never reach or come close to reaching that of her peers. Abigaile will forever live with the aide of someone by her side. She will never be able to live independently.

Due to the severity of Abigalie's injuries, the caps on non-economic damages in Illinois were brought into question. In 2005, the Illinois legislature passed these caps keeping victims of medical malpractice in Illinois from recovering a reward over $500,000 for non-economic damages, even if a jury found that the victim deserved an award in excess of $500,000. This cap of $500,000 included the total allowable payment to a victim for damages including disability, disfigurement and pain and suffering. These are damages that cannot be measured the way other damages are measured, such as medical bills and lost wages. The cap did not allow for victims like Abigaile, who suffered a catastrophic injury to be awarded fairly for the injuries she suffered and will face for the rest of her life.

The reason for medical malpractice caps according to those who want them in place, is that they will help us save on medical care, that doctors' insurance premiums will stabalize so they will not leave our state and other misleading reasons. The reality is that the medical malpractice caps do not affect these things. What medical malpractice caps do create is the inability for victims like Abigaile to be fairly compensated. They also allow doctors and hospitals to walk away without being held fully accountable for their actions.

The truth is awards in excess of $500,000 for non-economic damages in medical malpractice cases are few and far between. These large awards are typically only seen in cases where there is a catastrophic injury. Juries are aware of what a fair award is and typically give victims what they deserve and what is in line with the injuries they have suffered.

The overturning of the medical malpractice caps in Illinois was a victory for the citizens of Illinois, and especially those who have had severe injuries related to medical malpractice. The unfortunate truth, however, is that this will not be the last of big business and the insurance industries push for caps. Rest assured this topic will appear again, but hopefully those making the laws this time will be on the side of the people and strike down any future caps.

Full post as published by Chicago Personal Injury Lawyer on February 09, 2010 (boomark / email).