Court Says Med Mal Caps Violate Separation of Powers
Victims' rights are violated by limits in medical malpractice cases on non-economic damages such as pain and suffering, Cook County Circuit Court Judge Diane Joan Larsen found on Tuesday, according to the Chicago Sun-Times. The judge determined "the legislature can't interfere with the right of juries and judges to determine fair damages," according to the Chicago Tribune.
The ruling stemmed out of the case of Abigaile LeBron, who, while being born, suffered severe brain damage and other developmental problems because the hospital and physician allegedly did not act with sufficient alacrity when her mother began showing problems, "botching" the delivery.
State law had limited non-economic damage awards to $500,000 against doctors and $1 million against hospitals.
The state Supreme Court has twice struck down caps on jury awards that "take away the lawful power of juries to decide damages." The Illinois Hospital Association is expect to appeal to the Illinois Supreme Court. The high court will weigh whether the 13-month-old's right to have a judge and jury determine fair damages should be limited by legislatively imposed caps on non-economic damages in medical malpractice cases, or whether the attempt to do so violates the separation of powers between courts and legislatures.