The fight over whether medical malpractice caps in Illinois are legal has recently heated up as Illinois doctors have brought Theodore Olson aboard. Olson was the solicitor general of the United States from 2001 – 2004.
The medical malpractice caps in Illinois limit the amount a person can recover in a lawsuit for non-economic damages. The law was passed in 2005. There have been no cases to date that have challenged the law, but a lawsuit recently filed will likely challenge the caps. The Illinois Trial Lawyers Association argues that the caps are unconstitutional. The Supreme Court has previously struck down limits on damages on two prior occassions.