Illinois Supreme Court Reverses Medical Malpractice Statute

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In a 4-2 vote, the Illinois Supreme Court has overturned a five year state law capping damages in medical malpractice lawsuits. The Court found that the law was unconstitutional because it limited the compensation injured victims could receive for pain, suffering, and other non-economic damages. The majority opinion concluded that the law violated the state Constitution’s separation of powers clause by imposing decisions that are properly reserved for juries and judges.

The decision was a major victory for consumers and injured victims of medical malpractice. Approximately 30 states have laws that limit non-economic damages. 11 states have overturned such laws.

The Court’s ruling came in the case of Abigaile Lebron, who suffered severe mental impairment after a botched Caesarean section four years ago.

Kevin Dugan
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