CAPS ON MEDICAL MALPRACTICE AWARDS DEEMED UNCONSTITUTIONAL
The Illinois Supreme Court ruled Thursday, February 4th, that caps on awards in medical malpractice cases violate the Illinois Constitution. This is the third time that the Court has rejected legislatures' attempts to impose such caps.
The case, Lebron v. Gottlieb Hospital target= "_blank", involves a girl who suffered a brain injury during delivery at Gottlieb Hospital. The law that the Court deemed unconstitutional capped the maximum non-economic damages that could be awarded in a medical malpractice case against a single doctor at $500,000. The law also set a $1 million limit on damages against hospitals and staff.
The court was not persuaded by medical malpractice caps in place in other states. Justice Fitzgerald, writing for the court, stated: "That 'everybody is doing it' is hardly a litmus test for the constitutionality of the statute." Justices Freeman, Kilbride and Burke joined the decision.
