Thursday, February 4, 2010
SPRINGFIELD, Ill., Feb. 4 (UPI) -- The Illinois Supreme Court Thursday ruled caps on pain and suffering, and other non-economic damages in medical malpractice cases are unconstitutional.
The matter involved jury award limits -- $500,000 per case for doctors and $1 million for hospitals -- in medical malpractice cases passed by the Legislature four years ago during a time of spiking liability costs for medical providers.
The court's opinion upholds a 2007 Cook County Circuit Court ruling that determined the law violated the state Constitution's "separation of powers" clause. It said limiting damages interfered with the judicial branch's authority to reduce verdicts.
The case involved the Caesarean section delivery of a baby with numerous permanent injuries, the court said. It was lead case in a number of lawsuits that raised the same issue and consolidated by the Cook County circuit court.
Chief Justice Thomas Fitzgerald deliver the court's judgment and opinion. Justices Charles Freeman, Thomas Kilbride and Anne Burke concurred. Justice Lloyd Karmeier agreed in part and dissented in part with the opinion, joined by Justice Rita Garman. Justice Robert Thomas did not participate.
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Comments
flyoverland (anonymous) says...
good luck finding a doctor over there in the future.
February 4, 2010 at 6:18 p.m. ( permalink | suggest removal )
FROM_THE_RIGHT (anonymous) says...
Isn't the truth! This is you medical treatment costs soooooo much!
February 4, 2010 at 7:34 p.m. ( permalink | suggest removal )
FROM_THE_RIGHT (anonymous) says...
Correction: Should read this is why medical treatment costs soooo much!!!
February 4, 2010 at 7:35 p.m. ( permalink | suggest removal )
flyoverland (anonymous) says...
Now from the right, you know its ONLY 2% of the cost of healthcare....right.
February 4, 2010 at 7:58 p.m. ( permalink | suggest removal )
Carlton (anonymous) says...
It looks like Chicago Politics has worked it's way into the Illinois Supreme Court. Will the last doctor leaving illinois please turn out the lights.
February 4, 2010 at 9:28 p.m. ( permalink | suggest removal )
Rune04 (anonymous) says...
It's like deja vu all over again.
February 6, 2010 at 8:07 a.m. ( permalink | suggest removal )
tmmy99 (anonymous) says...
This is what happens when u elect do-go- lib judges
February 7, 2010 at 7:57 p.m. ( permalink | suggest removal )