08162017Headline:

Chicago, Illinois

HomeIllinoisChicago

Email Jamie G. Goldstein Jamie G. Goldstein on LinkedIn Jamie G. Goldstein on Avvo
Jamie G. Goldstein
Jamie G. Goldstein
Attorney • (866) 735-1102 Ext 626

Malpractice Caps Denied In Hawaii

Comments Off

As a follow up to a previous post about possible caps on medical malpractice lawsuits in Hawaii, on Thursday March 1, 2007, the House bill in Hawaii, happily died. So for now, Hawaii has been spared from caps on awards in medical malpractice cases. Other states, including Illinois, have not been so lucky.

In Illinois, there are currently caps on non-economic damages. These caps were passed within the last couple of years and have yet to be challenged. However, a challenge may come in the future due to a pending case in the Illinois Circuit Court. The case involves a baby that was severely injured at birth due to the failure of the hospital to administer proper care. Many believe that the plaintiffs in this case are likely to be awarded damages that exceed the current caps. If this happens, an appeal to the Supreme Court is likely to be made to challenge the current caps as unconstitutional.