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November 13, 2007 Judge Rules Medical Liability Reform Law UnconstitutionalCook County Circuit Court Judge Diane Larsen ruled today in Lebron v. Gottlieb Memorial Hospital that the caps on non-economic damages in medical liability cases violate the separation of powers clause of the Illinois constitution by limiting the court’s authority to award non-economic damages. The judge did not rule on the other provisions of the Act other than to note that given her ruling on caps, the inseverability clause of the Act operates to invalidate the entire law. As a legal matter, Judge Larsen’s ruling applies only to the cases before that judge. It has no legal or binding impact on other medical liability cases currently pending in Illinois. Ultimately, this Lebron ruling will be reviewed by the Illinois Supreme Court, which will render a decision binding throughout the state of Illinois. Although we are disappointed with Judge Larsen’s decision, the one redeeming aspect of it is that now the matter will go directly to the Illinois Supreme Court for review. Had the circuit court upheld the law, the case would have gone to the Illinois appellate court and delayed ultimate resolution of the issues for up to another year. IHA will mount a vigorous defense of this critically needed law to protect hospitals, patients and the health care delivery system. Click here for a copy of the judge’s ruling and click here for a copy of IHA’s statement to the news media.
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