Illinois Supreme Court strikes down medical malpractice caps
The Illinois Supreme Court reversed a 2005 medical malpractice law which placed a cap on pain and suffering awards. The Court stated that the caps are unconstitutional. The law capped non-economic damages at $1,000,000 against a hospital and half that amount against a doctor.
The Illinois Supreme Court determined that the caps violated a jury's right to determine such damages.
It is the third time the Illinois Supreme Court reversed legislative attempts to cap awards.
In 2007, after hearing the case of Abigaile Lebron v. Gottlieb Memorial Hospital, a Cook County judge ruled the caps as unconstitutional. Lebron's family filed suit again Gottlieb after the child was born with brain damage.
Unless there are extraordinary circumstances, the courts will stay with what is considered to be established law. The law determinig the caps violated the separation of powers between the legislature and the courts was ruled on twice before by the Illinois Supreme Court.
Business groups, doctors and hospitals in Illinois lobbied hard for the caps in 2005. They argued that doctors were leaving Illinois to practice in other states because of the high premiums they had to pay for medical malpractice insurance.
