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Judge Dismisses Cap on Malpractice Awards in Illinois

An Illinois judge recently threw out a state law that was placing caps on certain medical malpractice suits.

The judge agreed with the plaintiff’s argument that the cap was a violation of the victim’s rights and there should be no limit on compensation regarding medical issues.

Cases No Longer Under Cap

Judge Diane Joan Larsen recently made the decision to release the cap on non-economic damages like pain and suffering in medical malpractice suits.

The ruling came in the case of Abigaile LeBron.

LeBron’s family sued the Gottlieb Memorial Hospital for not acting quickly enough when Abigaile’s mother began having complications during her birth.

As a result, Abigaile suffered from severe brain damage and now has developmental problems.

Ongoing Cap Debate

According to reports, those both opposed to and in favor of the cap have been eyeing the LeBron case since it was the first case that was capped as part of the law that was passed in 2005.

The law limited the amount of compensation that victim’s could receive for pain and suffering to $500,000 against doctors and $1 million against hospitals.

(Source: Suntimes)

Do you believe that you have been the victim of medical malpractice? If so, please contact us today to speak with an experienced attorney who will ensure that your rights are being protected and that you receive the compensation that you need and deserve.


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