Medical Malpractice Suit Could Challenge Illinois Caps

Jamie G. Goldstein

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Illinois lawyers have filed a suit that will likely challenge the medical malpractice caps on recovery.

The lawsuit - filed Monday against a doctor and the Cook County hospital where the girl was delivered in October 2005 - 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 lawyers are hoping that the severity of this child's injury will provide the Supreme Court of Illinois with enough evidence to show that caps are unconstitutional.

The LeBrons' lawyers are using the case to ask the Cook County court and eventually the Illinois Supreme Court to throw out the limits, signed into law last summer as part of an effort to reduce doctors' malpractice insurance costs.

Previously the Supreme Court has ruled on two occassions that capping damages was unconstitutional.