Medical Malpractice Caps in Illinois
The Illinois Supreme Court will look again at the constitutionality of limits this fall on medical malpractice awards. Illinois law limits noneconomic damages, such as pain and suffering to $500,000 for doctors and $1 million for hospitals.
The case the Illinois Supreme Court will hear is certainly one that underscores the injustice of medical malpractice damage caps. The plaintiff has cerebral palsy, one of the worst possible birth injuries, and will need extensive care for the rest of her life (unless technology can come to the rescue).
Last year, Cook County Circuit Judge Diane Larsen declared Illinois' medical malpractice cap unconstitutional under Illinois law because juries' should have the authority to medical malpractice cases to appropriate what they believe to be appropriate compensation for the plaintiffs' injuries.
Related Posts:
Blog Post on Trial Judge's Ruling Declaring Malpractice Cap Unconstitutional (Maryland Injury Lawyer Blog post from November 14, 2008)
St. Louis Post Dispatch (recent article on case)
