Tort Reform in Illinois facing Unconstitutionality claim
A lawsuit calling into question the constitutionality of Illinois’ limit of personal injury awards in medical malpractice cases is expected to come before the state’s Supreme Court this fall. The Supreme Court at least twice before have ruled the limits to be unconstitutional on the grounds they violate the separation of judicial and legislative powers. The most recent was in 1997 when the Supreme Court struck down a 1995 law that included a $500,000 limit on awards for non-economic damages. The medical institution claimed that doctors were leaving the state because of the amount of malpractice suits filed. Philip Corboy Jr., president of the Illinois Trial Lawyers Association, believes it was an insurance crisis rather than a litigation crisis. Corboy said filings of medical malpractice lawsuits had been declining for several years before the new law. This latest case stems from a filing by Frances LeBron whose daughter was seriously injured at birth in October 2005. She suffers mental impairments and cerebral palsy and requires 24-hour care the rest of her life. In November, Cook County Circuit Judge Diane Larsen sided with plaintiffs and declared the law unconstitutional and invalid in its entirety. She said the statutory limits on awards interfered with juries' authority to award appropriate compensation for injuries.
