Report: Illinois Supreme Court delays announcement on caps

Ann Knef Dec. 17, 2009, 2:19am

The Illinois Supreme Court is delaying its announcement on the constitutionality of a state law that limits medical malpractice damages, according to a report in Crain's.

A ruling was expected to be released after 9 a.m. today. The decision will either uphold or overturn the Illinois Medical Malpractice Act of 2005 -- a law that caps non-economic damages to $500,000 for doctors and $1 million for hospitals.

The Illinois Medical Malpractice Act of 2005 does not limit actual damages, such as medical expenses and lost wages. It limits non-economic damages, such as pain and suffering.

The Supreme Court decision is based on a case arising from Cook County, LeBron v. Gottlieb Memorial Hospital, involving the severe disability of a young girl, Abigaile Lebron. In 2007, Cook County Circuit Judge Joan Larsen ruled in Lebron that caps are unconstitutional.

Crain's reports that the Court will not release the opinion today.

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Illinois Supreme Court
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Springfield, IL 62701

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