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Damage Caps in Illinois Medical Malpractice Cases
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There is no cap on economic damages in the state of Illinois for Illinois medical malpractice cases. In 2005 the Illinois legislature passed a cap on non-economic damages in Illinois medical malpractice cases rather than leaving that determination up to a jury. Non-economic damages are limited to $500,000.00 against individual doctors and $1,000,000.00 against hospitals. Punitive damages are not allowed in Illinois medical malpractice lawsuits. It is important to note that the non-economic damage caps only apply to acts of medical malpractice committed after August 25, 2005. For any malpractice actions in Illinois before that time there are no damage caps.
The recent damage cap law is the 2nd time in recent history that the state of Illinois has tried to limit recoveries in Illinois medical malpractice lawsuits. In 1995, the Illinois legislature passed a $500,000 limit on non-economic damages in medical malpractice cases, but this was specifically held to be unconstitutional in Best v. Taylor Machine Works, 179 Ill. 2d 367, 689 N.E.2d 1057 (1997). It is expected that the most recent legislation will be challenged in the Illinois courts as unconstitutional. All injuries as a result of medical malpractice before the legislation was signed are not subject to non-economic damage caps.
If you have any questions about Illinois medical malpractice damage caps or would like a referral to an experienced Illinois medical malpractice lawyer please do not hesitate to contact us. All calls and e-mails are free and confidential.
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