Illinois Supreme Court Strikes Down Malpractice Award Limits

The 2005 law did not cap economic damages or other compensation, such as lost wages, potential future earnings, and medical expenses, for victims of medical negligence.

Peter J. Flowers, president of the Illinois Trial Lawyers Association, said the 2005 law was a decoy to draw public attention away from he said are the real drivers of healthcare costs, namely the anti-competitive practices of the health insurance industry.

"Our healthcare system is reeling and rather than trying to fix it, insurance companies across the country have tried to divert attention from the real reforms that would improve access and care," Flowers said in a media release. "The Illinois Supreme Court has decided that the healthcare crisis cannot be solved by further hurting the patients who are victims of medical errors."

However, Michael T. Carrigan, president of the Illinois AFL-CIO, said in a media release that the ruling reaffirms the right to a trial by peers to decide appropriate compensation. "Hopefully, today's decision will finally put an end to the efforts of greedy insurance corporations to deny victims their due process," he said.