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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Damages
'Damages' refer to losses sustained do to physical or psychological injury for which you can be compensated. In cases involving injury or death, damages are assessed in terms of money compensation. In order to recover damages, you first must establish that an employee of a nursing home or the facility itself did something wrong or negligent. There are three elements in proving fault in nursing home accident cases: Duty: The nursing home had a 'duty' to act as a reasonably safe facility. In nursing home cases, the facilities must follow strict Federal and State Regulations setting forth both the type...
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