The Illinois Supreme Court heard oral arguments in Abigaile Lebron v. Gottlieb Memorial Hospital et al., the case challenging the medical malpractice law passed by the legislature in 2005, which included caps on non-economic damages in medical malpractice lawsuits. The caps limited non-economic damages against individual physicians to $500,000, and damages against hospitals to $1,000,000.
The medical malpractice law was enacted to address a perceived “healthcare crisis.” The lawyers on behalf of doctors, hospitals — more specifically, the insurance industry, argued that the law’s ”modest limits” on recovery of non-economic damages is permissible.
On behalf of of individual victims of medical malpractice, the lawyers argued that caps on non-economic damages in medical malpractice actions violates at least two provisions of the Illinois Constitution: (1) the requirement of Separation of Powers; and (2) the prohibition against Special Interest legislation.
Hopefully, the Illinois Supreme Court will hold this legislation violates the Constitution. Victims of medical malpractice should be fully compensated for the damage they incur, and should not be limited by some arbitrary dollar figure concocted by the insurance industry. Chicago personal injury lawyers will continue to fight for the rights of individuals to recover full compensation for damages caused by negligent medical professionals. For a free consultation with one of Passen & Powell’s top attorneys, call (312) 527-4500.
