A Cook County, Illinois judge ruled on November 13th 2007 that some medical malpractice caps are unconstitutional because limiting non-economic damages like pain and suffering in medical malpractice cases violate the rights of victims. The issue of placing caps on malpractice awards has been a hot topic in Illinois as well as other states, such as California, that limit certain damage amounts.

Illinois’ rocky past on caps

In 2005, the Illinois legislature passed a tort reform law that limited medical malpractice awards for non-economic damages (such as pain and suffering, emotional distress and loss of enjoyment of life) to $500,000 against doctors and $1,000,000 against hospitals. The law’s passage was in response to complaints from patients and doctors over skyrocketing malpractice insurance rates that forced many doctors to set up practice outside of Illinois – and left patients scrambling to find new doctors.

The 2005 law isn’t the first time that Illinois legislators have attempted to limit damage awards. In fact, they’ve attempted it three times now – and each time it has been ruled as being unconstitutional. The last time this happened was in 1997, but that law was far reaching. Analysts say that the 2005 law is narrowly tailored to malpractice cases. However, it seems as though the law may have its challenges – beginning now.

The case that everyone is watching

This is the first case that has challenged the most recent malpractice cap law – and everyone is watching. The case itself involved an Illinois woman who had complications with her pregnancy. She received treatment at the Gottlieb Memorial Hospital and claimed that because her doctor did not act quickly enough to treat the complications, the baby was born with severe brain damage.

The baby’s family sued, but soon realized that their non-economic damages for pain and suffering were limited due to the 2005 law on malpractice caps. While the Circuit Court judge in the case stuck down the law as being unconstitutional, the Illinois Hospital Association has already said that it will appeal the decision to the Illinois Supreme Court.

So, everyone will continue to watch…