X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
CHICAGO � An Illinois state court judge ruled last week that a 2005 law that capped the damages for pain and suffering in medical malpractice cases is illegal under the state’s constitution. Cook County Circuit Court Judge Diane Joan Larsen ruled that the law, which capped the noneconomic damages at $500,000 when suing a doctor and $1 million for a private hospital, violated the Illinois Constitution’s separation of powers clause, which gives a jury the authority to set damages. Larsen based her decision mainly on a 1997 Illinois Supreme Court ruling that came to the same conclusion about a 1995 Illinois statute. Best v. Taylor Machine Works, nos. 81890-81893. The ruling allows the case, in which a mother is suing Gottlieb Memorial Hospital over the delivery of her brain-damaged baby, to move forward without being subject to the limit stipulated by the state law. LeBron v. Gottlieb, No. 25399. Attorneys at the Center for Constitutional Litigation worked with Illinois trial lawyers to overturn the law. The Illinois State Medical Society said it will continue to work with the defendants to fight the case before the Illinois Supreme Court.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.