Posted On: November 30, 2006
Law capping damages in medical malpractice suits being challenged
There is hope for Chicago and Illinois victims of medical malpractice. A new suit has been filed challenging the law recently enacted which put caps on the damages of the most severely injured victims of malpractice.
A lawsuit alleging a botched delivery left an infant with serious health problems could ignite a courtroom debate over whether Illinois' caps on medical malpractice claims are constitutional. The lawsuit--filed Monday against Dr. Roberto Levi-D'Ancona and Gottlieb Memorial Hospital in Melrose Park, where the girl was born last October--claims the state's caps on non-economic damages, such as pain and suffering, unconstitutionally limit what 13-month-old Abigaile LeBron and her family should receive. The family's lawyers are using the case to ask Cook County Circuit Court and eventually the Illinois Supreme Court to throw out the limits, which were signed into law last summer as part of an effort to reduce doctors' malpractice insurance costs. Both sides predict a lengthy legal fight over the caps."Associated Press, Chicago Tribune, 11/21/06
http://www.chicagotribune.com/features/lifestyle/health/chi-0611210461nov21,1,382873.story?coll=chi-health-hed