Illinois Supreme Court Rules Medical Malpractice Caps Unconstitutional
Today, February 4, 2010, the Illinois Supreme Court released its long awaited opinion on the constitutionality of caps on non-economic damages in medical malpractice cases. In a 4 to 2 decision, the Illinois Supreme Court determined that $500,000 limit for individual physicians and $1,000,000 limit for hospitals violated the separation of powers clause in the Illinois Constitution. In reaching this decision the Court noted that just because “everybody is doing it” when referring to other states’s that have upheld caps, this is hardly the litmus test for the constitutionality of a statute. Congratulations to the lawyer’s that litigated this case and to the Illinois Trial Lawyer’s Association and the constitutional challenge committee for their hard work.
Lebron v. Gottlieb (Ill. Sup. Ct. Feb 4, 2010)
If you or a family member have been injured due to medical malpractice, contact Carlson & Carlson, P.C. at 800-338-3352 to explore your legal options. Carlson & Carlson handles product liability, personal injury, medical malpractice, wrongful death and auto accidents in Edwardsville and surrounding towns including, Granite City, Alton, Collinsville, Highland, Troy, Bethalto, Glen Carbon, Wood River, Belleville, O’Fallon, Fairview Heights, Cahokia, East St. Louis and other communities in Madison and St. Clair County, Illinois
