Former governor (and current laughingstock) Rod Blagojevich reluctantly signed the Illinois Medical Malpractice Act of 2005 (Madison Record) into law four years ago, which puts limits on awards for medical malpractice damages. But a legal challenge to the bill may derail the Act.
The Illinois Supreme Court is expected to issue its decision tomorrow morning in a Cook County case (Abigaile Lebron, a minor v. Gottlieb Memorial Hospital) challenging the constitutionality of the law.
The Act (Illinois General Assembly) caps non-economic damages, such as pain and suffering, at $500,000 for physicians and $1 million for hospitals. It was championed by both Democrats and Republicans in Illinois hopeful that it would help lower medical costs.
Circuit Court Judge Joan Larsen ruled in the Lebron case (Illinois Hospital Association) in 2007 that caps on malpractice suits were unconstitutional, after which the case was punted to the state's highest court for review.
The American Bar Association filed an amicus brief (PDF, ABA) in support of the plaintiff--no surprise--on principle:
"[such caps] discourage lawyers from taking meritorious cases where economic damages are low, and thus, undermine the ability of a significant number of injured persons to seek redress in the courts."
The Lebron case itself was filed after a difficult childbirth left Abigaile Lebron with severe brain damage and other developmental problems (PDF, AP via Illinois Hospital Association). The suit names Dr. Roberto Levi-D'Ancona and Gottlieb Memorial Hospital in Melrose Park as defendants, claiming the physician failed to act quickly enough to prevent the injuries.
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Abigaile Lebron, a minor v. Gottlieb Memorial Hospital (PDF, via IHA)
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Chicago Injury Lawyers (FindLaw)
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