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May 8, 2008
IHA Defends Medical Liability Reform Law
The Illinois Hospital Association has filed an amicus brief with the Illinois
Supreme Court in support of the state's two-and-a-half year old medical
liability reform law, which includes caps on non-economic damages. IHA was
joined in the brief by the American Hospital Association, the Illinois Catholic
Health Association and the Illinois Rural Health Association.
The brief argues that the constitutionality of the law should be upheld, noting
that “Nothing in the Illinois Constitution holds that the ability of medical
liability plaintiffs to recover non-economic damages is more important than the
legislature’s ability to address the serious and growing impact of such
recoveries on access to health care in Illinois.”
Oral arguments in the case, LeBron v. Gottlieb Memorial Hospital, are expected
to be heard this fall, with the Supreme Court likely issuing its decision
sometime next year. The IHA amicus brief can be seen here.
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