Call Us Toll-Free: 1.877.767.3108

Posted in Content, Medical Malpractice Blog, General Blog

Last week, oral arguments took place regarding the Constitutionality of medical malpractice caps for non-economic damages in Illinois

September 25th, 2007 by Dawn Mefford

On September 17, 2007, oral arguments took place in the Circuit Court for Cook County, Illinois regarding the constitutionality of the medical malpractice caps on non-economic damages passed by the Illinois legislature in 2005.  This case, involving the negligent care rendered to infant Abigail Lebron and her mother, is the first to test the constitutionality of the law capping non-economic damages.   
            
Under the law, non-economic damages are capped at $500,000 against a doctor and $1 million against a hospital.  Non-economic damages generally include such elements as compensation for pain and suffering, loss of a normal life, loss of a limb, disfigurement, loss of reproductive capacity, loss of companionship, and other non-pecuniary damages. 
 
Plaintiff’s attorneys argued that the law violates several provisions of the Illinois Constitution, including the separation of powers, the ban on special legislation, the right to trial by jury, and the guarantees of due process and equal protection.  Because the Illinois Supreme Court has previously struck down similar damages caps twice in the past upon similar grounds, plaintiff’s attorneys believe their arguments against the constitutionality of the law carry much weight.
 
The judge presiding over the Lebron case, Circuit Judge Larsen, has taken the issue under submission and will issue a written ruling.

Share This