Personal Injury Law

Last Thursday, the Illinois Supreme Court issued a ruling that may have far-reaching implications on the national medical malpractice reform debate. The court overturned a 2005 medical malpractice statute limiting compensation for non-economic damages in Illinois medical malpractice claims.

The law had set limits of $500,000 for malpractice claims against doctors and $1 million for claims against hospitals. These limits applied to non-economic damages only.

The Illinois Supreme Court ruled that the state Constitution clearly established a division of powers, and that the judicial branch alone was entitled to determine the monetary value of non-economic damages in medical malpractice claims. As a result, any limitations imposed by the legislature would be considered unconstitutional.

This decision comes just as the medical malpractice reform debate is heating up in Washington, D.C. Republican lawmakers are strongly in favor of limitations on medical malpractice lawsuits, and such limitations may enter the debate for a bipartisan health care reform bill. It will be interesting to see if the Illinois Supreme Court ruling impacts the debate on a national level.

Currently, each state has the right to decide whether to impose limitations on non-economic damages. Out of the 27 states which have passed similar statutes, 11 have overturned these laws.

The impact of this decision should be felt immediately in the state of Illinois, where injured medical malpractice victims will now have an opportunity to receive the non-economic damages they rightfully deserve in cases of egregious medical negligence. Victims of medical negligence are encouraged to consult an experienced medical malpractice lawyer as soon as possible following a negligent medical error, since there are often statutes of limitations affecting these highly complex cases.

If you have a medical malpractice claim in the Chicago, Illinois area, please contact the experienced malpractice attorneys at Harvey L. Walner & Associates today to schedule your free initial consultation.