Illinois Judge Rejects Medical Malpractice Cap

Dan Frith

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Here is the debate: Lawyers for the victims of medical malpractice say caps on damages work a terrible disadvantage to the most seriously injured patients - those who will live a lifetime of pain and physical limitations. Medical providers claim they need the protection in order to keep their malpractice premiums at a level they can afford.

I have two responses: First, excessive malpractice premiums do hurt doctors. However, it is the insurance industry who wears the "black hat" not the victims of medical malpractice. Think I am wrong? Why don't you check on the profitability of the largest medical malpractice insurance providers in America. And while you are at it...check out what their CEO's make in salary and bonuses! Second, caps are unfair to those seriously injured as a result of medical negligence, and it appears an Illinois judge agrees.

Last week an Illinois judge down a 2-year-old state law that capped compensation to victims. Cook County Circuit Judge Diane Larsen decided that caps on malpractice awards violated the Illinois Constitution's "separation of powers" clause, in effect ruling that the legislature can't interfere with the right of juries and judges to determine fair damages. The law imposed a cap on so-called non-economic damages in medical malpractice lawsuits, which juries award for things like pain and suffering. The limit was $500,000 in the case of individual doctors and $1 million for hospitals.

Bravo Judge Diane Larsen! Bravo!!