Indiana Accident News

Illinois Supreme Court To Rule On Medical Malpractice Cap Soon

For the past several years, Illinois lawmakers, judges, and lawyers have been tackling the issue of Illinois medical malpractice laws, medical malpractice caps, and rising insurance rates for medical professionals and hospitals.

In 2005, with doctors facing higher and higher insurance rates to protect against medical malpractice, many medical professionals were leaving Illinois to practice elsewhere. In response to the growing shortage of doctors, the Illinois General Assembly passed a law capping medical malpractice awards: $500,000 awards against doctors and $1 million awards against hospitals.

However, in 2007, a judge in Cook County, Illinois, said that medical malpractice caps prevented judges from awarding the appropriate amounts to victims of malpractice. The med mal case, LeBron v. Gottlieb Memorial Hospital, involved the severe and permanent disability of a young girl, Abigaile Lebron. In the next two years, the question of whether or not medical malpractice caps are constitutional has been sent to the Illinois Supreme Court. At this time, they have not issued their decision regarding the issue.

Many have a problem with medical malpractice caps because some victims of medical malpractice require life-long care, expensive surgeries, medications, therapy, and other considerations that cost more than the caps allow. At the same time, medical malpractice victims can face decades of lost wages, permanent disabilities, loss of joy, pain and suffering, and other life-altering chances that cannot be compensated justly with medical malpractice caps.

In Illinois, Supreme Court rulings are handed down one to two times a month.

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