Illinois Supreme Court Rules Medical Malpractice Damage Caps are Unconstitutional
Today the Illinois Supreme Court ruled that limits on damages in medical malpractice cases are unconstitutional, as such caps violate the principle of separation of powers. The limits that were adopted by the Illinois General Assembly in 2005 infringe upon the power of the judicial branch. The 2005 law limited victims of medical malpractice to collecting up to $500,000 against doctors and $1 million against hospitals for pain and suffering. The ruling is a great victory for citizens and patients in Illinois.
The Court’s decision was based on the Cook County case, Lebron v Gottlieb Memorial Hospital. The case involved a three-year-old girl named Abigaile Lebron who suffered severe brain damage as a result of medical negligence.
In 2007, a Cook County judge ruled in Lebron v Gottlieb that limits on damages interferes with a jury’s power to award adequate damages for medical errors. This ruling brought the case to the Illinois Supreme Court. This is the second time in 13 years that the Supreme Court has struck down state laws capping damages awards. Click here to read the Lebron v Gottlieb opinion.