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Illinois Supreme Court Says Medical Malpractice Caps are Unconstitutional

In a split decision, the Illinois Supreme Court last week ruled that placing caps on medical malpractice awards in certain cases is unconstitutional. This is the third time the state?s highest court has rejected the caps.

The court struck down a medical malpractice reform law, enacted in 2005, that limited awards to $1 million when the Illinois injury case is against a hospital and $500,000 when the defendants in the lawsuit are doctors. The justices said that while lawmakers could re-enact some of the provisions, this liberty does not apply to the caps on what malpractice plaintiffs can win in court.

The court said the caps infringe on the powers of the judiciary and are in violation of the separation of powers. The justices also handed more power to state regulators, allowing them to change malpractice insurance rates, punish negligent doctors, and investigate complaints.

The case involved Abigaile Lebron. The 4-year-old suffered a traumatic brain injury during her birth in 2005. As a result of her birth injuries, she has to be fed through a tube from now on and she will never fully develop the way other girls her age will. More than likely, Abigaile will never be able to live alone.

Following her birth, Abigaile's family filed a Cook County medical malpractice lawsuit against a doctor and a hospital, claiming birthing malpractice. The defendants have denied the allegations.

While trial lawyers are celebrating the Illinois Supreme Court?s decision to strike down the caps, those in the medical profession are disappointed.

Birthing Malpractice
If your son or daughter?s life has been forever ruined because he or she suffered birthing injuries that are a result of birthing malpractice, you may have grounds for filing a Chicago, Illinois medical malpractice lawsuit.

Common Kinds of Birth Injuries:

? Caput Succedaneum

? Cerebral Palsy

? Forceps injuries

? Subconjunctival Hemorrhage

? Cephalohematoma

? Brachial Palsy

? Traumatic Brain Injuries

? Facial Paralysis

? Bone fractures

In many cases, these injuries could have been avoided if only a doctor, surgeon, obstetrician, or another medical provider hadn?t been negligent.

Ill. medical malpractice caps unconstitutional, BusinessWeek, February 5, 2010

Medical Malpractice Caps Nixed in Illinois, The Wall Street Journal, February 4, 2010

Related Web Resources:

Full post as published by Chicago Injury Attorney Blog on February 06, 2010 (boomark / email).