By AP/St. Louis Public Radio
Springfield, IL – The Illinois Supreme Court says limiting damage amounts in medical malpractice cases violates the state's Constitution.
In an opinion filed Thursday, the court says such caps violate the principle of separation of powers. The court says the limits the Illinois General Assembly adopted in 2005 infringe on the power of the judicial branch, specifically juries.
The caps limited awards for so-called pain and suffering damages to $500,000 against doctors and $1 million against hospitals. They were seen as a way to control the explosive growth in medical malpractice insurance that had driven some doctors out of Illinois. Two Metro East counties were routinely on the American Tort Reform Association's "Judicial Hellhole" list.
A Cook County judge ruled in 2007 that caps interfered with juries' power to award appropriate damage awards for medical errors. That sent the issue to the high court.
The Missouri Supreme Court heard arguments in January on a case challenging the constitutionality of Missouri's caps. Lawyers for the plaintiffs are also arguing separation of powers.