In an Illinois medical malpractice case involving a four year old girl who suffered brain damage at birth, LeBron v. Gottlieb Memorial Hospital, the Illinois Supreme Court held on February 4, 2010, that a 2005 medical malpractice cap on noneconcomic damages, such as pain and suffering, is unconstitutional. The cap limited awards to $500,000 from doctors and $1,000,000 from hospitals. The Supreme Court reasoned: “That ‘everybody is doing it’ is hardly a litmus test for the constitutionality of the statute.”
According to Louisiana medial malpractice attorney, Scott Andrews, Louisiana’s medical malpractice cap on damages, which limits awards for noneconomic damages and lost earnings to $500,000, is also under attack. The Louisiana Third Circuit Court of Appeal had ruled the cap unconstitutional, but the Louisiana Supreme Court reversed on procedural grounds and remanded the case to the trial court for another trial on the issue. The Louisiana Legislature is expected to tackle the med mal cap again this legislative session with trial lawyers pushing for an increase in the cap on damages, and health care providers pushing for more restrictions on medical malpractice lawsuits.
If you or a loved one has suffered serious injuries or suffered a wrongful death as a result of medical malpractice, contact the experienced Baton Rouge, Louisiana medical malpractice lawyers at Dué, Guidry, Piedrahita & Andrews. Email Louisiana injury lawyers or call (225) 929-7481 to schedule a FREE CONSULTATION.