Illinois Supreme Court Upholds Patients' Rights In Medical Malpractice Cases
For the third time in recent years, the Illinois Supreme Court has rejected the State legislatures attempt to limit the rights of those who have been harmed by negligent doctors and hospitals. This most recent decision held section 2-1706.5 of the Code of Civil Procedure was unconstitutional because it violated the separation of powers between the judiciary and legislative branches of government. Under section 2-1706.5, an injured person was limited in their recovery of non-economic damages of $500,000 against doctors and $1,000,000 against hospitals. The Illinois Supreme Court addressed these issues when it took on the case of...
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Who Benefits From Damage Caps In Nursing Home Lawsuits?
Not surprisingly an article supporting damage caps in nursing home lawsuits was written by nursing home administrator, Carrie Ermshar in the Tennesseean.com. In her piece, Ermshar equates damages awarded to an injured person as a penalty against a nursing home. "We must ask ourselves a tough question: At the end of a lawsuit, who is really being punished?" Now, before anyone accuses me of taking Ms. Ermshar's comments out of context, I suggest you read her entire piece. Nonetheless, Ermshar's understanding of the reasoning behind nursing home litigation is off-base. Nursing home lawsuits are intended to compensate the injured party...
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