Judge strikes down malpractice caps
A judge threw out Illinois' law placing caps on some medical malpractice lawsuit awards Tuesday, reigniting debate over one of the Legislature's most contentious issues.
Cook County Circuit Judge Diane Joan Larsen sided with plaintiffs' argument that the caps on non-economic damages such as pain and suffering in medical malpractice cases violate victims' rights.
In her 10-page opinion, Larsen declared the law "unconstitutional" and "invalid in its entirety," accepting arguments that courts -- not legislators -- should assess levels of damages.
The Illinois Hospital Association said in a statement it was disappointed in the verdict but was confident an appeal to the Illinois Supreme Court will successfully uphold the caps, which the association and other advocates argued were needed to keep rising medical malpractice insurance rates in check.
"This is only round one in the battle to uphold these reforms, which have been crucial in slowing the number of doctors fleeing our state and helping in the recruitment of specialists," Dr. Rodney C. Osborn, president of the Illinois State Medical Society, said in the association's statement.
Attorneys with clients seeking damages payments said they were pleased.
"This is justice," John Kravlovec said. "We don't need state legislators to pass panic laws on a made-up crisis."
The ruling came in the case of Abigaile LeBron, whose family last December sued Gottlieb Memorial Hospital in Melrose Park and Dr. Roberto Levi-D'Ancona for not acting quickly enough when Abigaile's mother began showing problems during her October 2005 birth. Abigaile was left with severe brain damage and other developmental problems.
Lawsuit cap supporters and opponents have been eyeing the LeBron case since it was filed in Cook County court because it's the first "test case" challenge of the 2005 law that put caps on some medical malpractice lawsuit awards.
The law limited what victims could collect for non-economic damages, such as pain and suffering, to $500,000 against doctors and $1 million against hospitals.
A defense lawyer for Gottlieb Memorial Hospital said after Tuesday's ruling that he believes the 2005 caps law accounted for previous court concerns about such laws being too broad.
"This wasn't anything like the early law," Gene Schoon said. "This law was narrowly focused ... it wasn't tort reform, it was about public health."
The caps came after a lengthy, intense debate two years ago over how to help doctors deal with soaring malpractice insurance rates. The caps were a cornerstone of the aid lawmakers provided after feeling enormous pressure from doctors and upset patients to prevent more doctors from leaving the state.
Two previous caps on damages have been deemed unconstitutional by the state Supreme Court -- the last time in 1997 as part of a broader reform law that covered wrongful death and personal injury cases. The court said the law was illegal special legislation and legislators infringed on the judiciary's power to reduce unfair damage awards.
Cap advocates say this time should be different, partly because the latest caps only cover malpractice cases.
Trial lawyers, including LeBron's team, argue the caps still violate victims' constitutional rights to due process and equal protection by limiting what they can receive for their pain and suffering.