The Illinois Supreme Court Struck Down Medical Malpractice Caps
On February 4, 2010, in an unfortunate decision for the medical profession, the Illinois Supreme Court struck down the statutory medical malpractice caps on noneconomic damages in Illinois on the basis that the medical malpractice caps were unconstitutional and violated the separation of powers clause.
In Lebron v. Gottlieb, the majority concluded that statutory caps are an impermissible encroachment upon the judiciary’s inherent power to oversee and correct the jury’s verdict. Under the enacted Section 2-1706.5, the trial court was required to override the jury’s deliberative process and reduce any noneconomic damages in excess of the statutory cap, irrespective of the particular facts and circumstances. The majority reasoned that the caps "unduly encroaches upon the fundamentally judicial prerogative of determining whether a jury’s assessment of damages is excessive within the meaning of the law." Accordingly, the Court held that the medical caps provision was unconstitutional. The remainder of the legislation was struck down pursuant to its inseverability provision but the Court stated that other provisions could be reenacted as deemed appropriate. Two justices dissented and one abstained.