Consumer Safety & Personal Injury

Victory for people of Illinois – Damages Caps Unconstitutional

Posted on | February 4, 2010 | No Comments

The Illinois Supreme Court ruled today (4-2) that a 2005 law that set non-economic damages caps on plaintiff’s awards in medical malpractice lawsuits is unconstitutional.  The reversal of the arbitrary caps is a victory for consumers in Illinois.

Damages caps are arbitrary and inherently unfair.  The law basically said, that no matter what your injury, no matter how egregious the medical error, no matter how preventable it was, you are limited as to the award you should get.  There was no formula, no science and no logic behind the numbers they chose.

Currently, in California, there is a non-economic cap on damages a plaintiff can receive in a medical malpractice suit.  It is capped at $250,000.00 and represents an arbitrary number that was chosen back in the 80’s.

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