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.