Even though a 2005 Illinois law unfairly caps the amount of damages a medical malpractice victim can recover from a careless doctor, medical groups recently filed friend-of-the-court briefs urging the Illinois Supreme Court to uphold the limits.
The Illinois Supreme Court is set to consider the constitutionality of damage caps passed by the legislature. In November 2007, Cook County Circuit Judge Diane J. Larsen overturned an Illinois law that capped damages in malpractice cases. Her decision was appealed by the hospital.
The underlying lawsuit was brought on behalf of Abigaile LeBron, a girl who was born with a permanent brain injury. Her mother sued Gottlieb Memorial Hospital and others alleging medical negligence. The suit also challenged a 2005 law that capped pain and suffering damages at $500,000 for doctors and $1 million for hospitals alleging it violated the Illinois Constitution. Larsen agreed.
On May 8, the Illinois State Medical Society, the American Medical Association, the Illinois Hospital Association and the Metropolitan Chicago Healthcare Council filed amicus briefs asking the Illinois Supreme Court to overturn the Cook County decision.
Illinois is a key battleground in the fight over caps in tort cases and more briefs are expected to be filed this summer.
The law is unconstitutional and Judge Larsen’s decision should be upheld. When the carelessness of a doctor or hospital leads to injuries – especially severe ones like Abigaile’s permanent brain injuries – the victims deserve to be compensated and the doctors and hospitals must be held responsible.
The lawyers of Carey, Danis & Lowe are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.
We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.
