Tomorrow, the Illinois Supreme Court is expected to issue its opinion in Lebron v. Gottlieb Memorial Hospital, a case challenging the constitutionality of damage caps in medical malpractice lawsuits pursuant to the Illinois Medical Malpractice Act of 2005. Chicago medical malpractice attorneys and both sides of the bar are highly anticipating this opinion.
As noted in one of our earlier blog posts, the Illinois Supreme Court indicated it would release its decision in December, but later decided not to release it on that date.
The challenged statute caps non-liquidated damages (e.g., past/current/future pain and suffering, loss of normal life, disfigurement, loss of society, etc.) in medical negligence actions at $500,000 for doctors and $1 million for hospitals.
As lawyers representing the rights of individuals and families whose lives are often destroyed by medical malpractice, we hope the Supreme Court rules that arbitrary damage caps are unconstitutional. Indeed, at trial level in Lebron, Cook County Circuit Judge Joan Larsen held that such medical malpractice lawsuit caps are unconstitutional.
Regardless of the outcome, our Chicago personal injury lawyers will continue to fight for the rights of victims who have been permanently injured or killed as a result of the negligence of another. Call us at (312) 527-4500 for a Free Consultation.